lauren,
@lauren@mastodon.laurenweinstein.org avatar

So there's an aspect of this Supreme Court case on "refusing service on first amendment grounds" that seems particularly complicated. I think it's worthwhile to choose a different example that would perhaps fall into the same kind of situation for analysis. This leaves aside the questions about standing and such that have been raised in the existing case.

Let's say you have a Muslim voice over artist who promotes their services. A member of a protected class comes to them and wants them to produce a series of anti-Muslim ad spots, which would require the voice over artist to use their own voice to promote those messages.

Would it be reasonable for that voice over artist to refuse that work? How is this different or not different from the Supreme Court case at issue?

tknarr,
@tknarr@mstdn.social avatar

@lauren It's different in that the voice actor in your example would refuse that job regardless of what kind of customer it came from. All customers are being treated equally, and who/what they are doesn't enter into the decision. In the case before the Court, content hadn't been discussed yet and so couldn't enter into the decision, the appellant was refusing the job solely based on who/what the customer was and would've accepted the job if it were any other kind of customer.

tumbleweed,

@lauren I think the biggest issue is that hate speech is protected speech. I'm surprised that the hate crime laws haven't been overturned because of this. I don't think it should be protected speech, but that's where we're at.

kkeller,
@kkeller@curling.social avatar

@lauren these are all interesting questions.

Are you asking how these edge cases would work if the Colorado law were still in effect, or how they would work under the Court ruling (or both)?

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@kkeller Really both. From an academic standpoint, I'm wondering how that voice over artist could be protected while not enabling a "website designer" as in this case.

cazabon,

@lauren

It's a good way to look at the issue.

For me, it seems to come down to the #difference between #selling something (goods, service) vs being paid to #create something.

You run a hotel, offering rooms for money. Can't #refuse someone based on their race, sexuality, etc.

But you offer to create something new for people - I don't think you should be #forced to accept every #customer.

The first is selling. The second is effectively refusing an offer of #employment.

#creative

regordane,
@regordane@mastodon.me.uk avatar

@lauren

Certainly not an expert on US law, but I assume that the difference is that the voice artist would refuse the job regardless of who the customer was. The protected category is irrelevant and it's not discrimination.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@regordane That might be difficult to prove unless one routinely were approached to do hate speech ads.

regordane,
@regordane@mastodon.me.uk avatar

@lauren

It would depend on the facts of the case (obviously, it always does) but unless the complainant could produce evidence that the voice artist had, in fact, agreed to do hate work for other clients, I'd expect it to be enough for the artist simply to assert that they would refuse.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@regordane It's an open question. Which I suspect will be tested by someone fairly soon in some similar context.

video_manager,
@video_manager@mstdn.social avatar

@lauren
It's important to realize this entire ruling was based on fraud:

The plaintiff was not a website designer, let alone weddings. No one would go to her for such a service.

The person she "refused" didn't know his name was used until about 2 months ago. His name, address, phone number and website were included in the case. He was married, to a woman, at the time of the claimed request. There was no gay couple, there was no wedding.

Fake ruling for a fake case.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@video_manager You are correct, that's why I noted that we're leaving aside the issues of standing for that case in this analysis. I'm trying to find a legal way for that theoretical Muslim voice over artist to refuse that hate speech work.

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren Lauro bad example. Muslims are covered under other laws, specifically since this is hate speech. What the court did will actually make it easier for your example to go forwards by the way, or businesses to deny service on account of skin color or religion. It’s a roll back to the 1950s

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott There are rules against hate speech directed at religions. Yes. But do those cover the theoretical I'm asking about? They may. So let's change the example a bit. Let's say a random voice over artist is asked by a member of a protected class to produce a series of ads saying that computer geeks are awful people and should be treated with disdain (or an even worse message). The voice over artist disagrees with this view and refuses to do the work. Do they have a legal basis?

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren they do all the time. This covers protected classes. And that is the point. A few lawyers have made this point over and over on the tv during analysis.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott Right, and that's why I'm asking specifically about protected classes who might request (in this case, voice over ads), on topics other than religion, sexuality, etc. that the voice over person disagrees with, but would be required to lend their voice to. Edge cases is how to analyze these situations.

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren the point, once again, is to roll back all the civil right habits of the last fifty years. Next in the agenda is interracial marriage and my right to vote. This is the exact point of the radical court. Hell, maybe they will go after my citizenship.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott I know what the point is. The current court is Nazi friendly. We all know that. I'm trying to figure out the ramifications at the edge of this specific ruling, not anything else this horrific court has done or does.

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren the specific consequences is that it is now legal, again, to deny service to protected classes. That’s the consequence.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott This will become clearer when some people try to push the envelope, e.g. just trying to refuse service when no possible "first amendment" messages are involved. Those are likely to push back up to the court, and even this court would have a hard time going along given the way they piled the current ruling totally on the first amendment.

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren oh they will. See, when a corrupt court shows you who they are, believe them.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott They seem to be really, really strong on originalist interpretations of the first amendment. This is having all sorts of consequences, not all of which may necessarily be negative (for example, they've made predicting how a bunch of Internet content control state laws will actually be judged a much more complicated undertaking than one might originally have assumed.)

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren no, they keep proving, over and over I am not paranoid.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott The sad part is that we might not be in this situation if RGB had retired at a reasonable time. That's just a tragic truth.

Nadinabbott,
@Nadinabbott@mstdn.social avatar

@lauren indeed, assuming they would have allowed that confirmation

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott I think they would have if she'd retired soon enough. Closer to the end it got way more problematic, and she was betting Hillary would win.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@Nadinabbott Now, one way out of this might be if the laws specify that the service requirement only applies when the protected class patron wants a message that relates to the reason that they are a protected class, not some random message. I don't know if any current laws make this distinction, however.

ttpphd,
@ttpphd@mastodon.social avatar

@lauren

Should white business owners be allowed to refuse service to non-whites on first amendment grounds?

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@ttpphd IF we take the court at its word (which is a massive leap), they are claiming that only when the work involves forcing the business owner to become directly involved in the patron's message that their ruling would apply. So, most transactions would never fall into that category. But I'm trying to figure this out example by example. Should the Muslim voice over artist be required to produce in their own voice anti-Muslim ads, and if not, what is their legal basis for refusing in the context of SCOTUS?

ttpphd,
@ttpphd@mastodon.social avatar

@lauren

I'm not a lawyer. I'm trying to push back on your discourse which paints gay men getting married as a analogous to morally bad things.

lauren, (edited )
@lauren@mastodon.laurenweinstein.org avatar

@ttpphd I'm looking at this strictly from a legal standpoint. Obviously a positive message about gay marriage is not equivalent to hate speech about Muslims. But I'm analyzing this in terms of what the laws at issue actually say, because my assumption is that in the wake of the ruling there will be people who try the hate speech scenarios just to see what happens.

ttpphd,
@ttpphd@mastodon.social avatar

@lauren

I'll mute this for myself then because I object to the framing and I think it harms queer people.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@ttpphd These issues need to be understood a priori because there are evil people out there who will find ways to pervert pretty much every situation.

kevindalley,
@kevindalley@sfba.social avatar

@lauren
Amicus podcast discusses the possibility of refusing to serve mixed race couple being covered by this ruling. Having this couple in a restaurant may suggest restaurant owner supports interracial marriage, so restaurant should be allowed to ban couple.
Amicus Plus: MAGA SCOTUS Is Back

Episode webpage: http://www.slate.com/podcasts

Media file: https://slateprivate.supportingcast.fm/content/eyJ0IjoicyIsImMiOiIyNDIyODYyIiwidSI6IjExMzIyNiIsImQiOiIxNjg4MjI0ODM1IiwiayI6ODV9fDc2MzZjY2IwYWM0MGZjMTBlMmU5ZGY4OTk4NGI0YWYxODU5NGUyM2JmZWVjN2Q0ODExMGRlZjg5MzE2ZWFjMjE.mp3
@ttpphd

ttpphd,
@ttpphd@mastodon.social avatar

@lauren

Being gay is not being anti-Christian...

So instead of discriminating against a protected class, the Muslim person can refuse the anti-Muslim customer based on a different principle.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@ttpphd We're assuming the would-be patron is in a "protected class" -- on what principle would the voice over artist refuse the work that would not invoke similar issues to the SCOTUS case?

ttpphd,
@ttpphd@mastodon.social avatar

@lauren

No, it's important that the content of the message in your example promotes hatred and discrimination, but two men getting married does not.

lauren,
@lauren@mastodon.laurenweinstein.org avatar

@ttpphd As far as I know the state law at issue made no mention of whether a message was positive or negative. Am I incorrect?

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