Wedding cake court case involving a gay couple, Charlie Craig & David Mullins, and a cake baker, Jack Phillips, who refused to bake a wedding cake for the couple. Just all around, it's a tricky debate with many different angles due to the baker arguing on the grounds of the First Amendment---its protections for free speech and the free exercise of religion. In the end, I think it comes down to whether we consider baking a cake qualifies an exercise of freedom of expression. I would say that it depends on the situation/context of baking. If Mr. Phillips wants his cake baking to be categorized artistic expression that falls under free expression, he can just go bake a cake on his own. Only then when he's on his own private time does it qualify, but as soon as he offered his skills as a public service via his business, I'd argue he gave that right to expression up. Also, what's stopping other artisans/professional services to deny services? By Mr. Phillip's logic...
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ReplyDeleteI think this piece is valuable and informative in a number of ways, but I think the most important takeaway from it involves Crandall's study regarding the correlation between high levels of racial prejudice and first amendment defenses. It seems reasonable to assume that people who hold racist beliefs will be more inclined to obfuscate them by hiding behind the first amendment, but I think it's imperative to prove this empirically. Doing so helps shed more light on this strategy and exposes it for what it is, and it informs people about what they may be going up against as white nationalism begins to play an increasingly bigger role in our country's political climate.
ReplyDeleteHowever, I think it's also important that the social scientist interviewed (Vedantam) qualified this research by making it clear there are many people and organizations that defend racist speech as a first amendment right who don't hold these same views themselves. In my opinion, the ACLU is a model example for this - their rhetoric on white nationalists and neo-Nazis has been severe and they have castigated them at every opportunity they've had, but they will defend their right to free speech so long as these people don't threaten violence. Their condemnations of this rhetoric are noticeably stronger than those (or lack thereof) presented by the participants in the Crandall study, and this can be a key indicator of their underlying beliefs.
Original study:
Lynch, Brendan M. “Research Shows Prejudice, Not Principle, Often Underpins 'Free-Speech Defense' of Racist Language.” The University of Kansas, 19 June 2017, news.ku.edu/2017/05/01/research-shows-prejudice-not-principle-often-underpins-free-speech-defe nse-racist.