Thursday, January 16, 2014

Best of the Web Today: Free Speech Quackery -

Best of the Web Today: Free Speech Quackery - "Which leads to an interesting hypothetical: What if A&E had not reversed the suspension and Robertson had sued the network in Louisiana court, arguing that it had violated state law? Assuming Louisiana accepted jurisdiction and that Robertson is an A&E employee for the purpose of the statute, he would seem to have a strong case.

But not an open-and-shut one. Here's how the network explained the suspension: "[Robertson's] personal views in no way reflect those of A&E Networks, who have always been strong supporters and champions of the LGBT community." While the network's subsequent reversal calls into question the sincerity of those views, A&E would have a plausible defense that the First Amendment guarantees its right to express them via its choice of on-air personnel--a right that would trump state antidiscrimination law. And GLAAD, a 501(c)(3) nonprofit corporation, would have an even stronger defense if Robertson sued it for tortious interference."

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