The first of those should fail under free speech, so long as it doesn’t call for overt harm the proposal of a boycott would be similar to arguing against a political candidate.
The second would be difficult to argue unless the company had a formal procurement process that mandated bids and specific rules it could be said they went against.
The last is more classic racist denial and could certainly be prosecuted, but somewhat turns the tables in that the provider is refusing service to a potential client.
I forget the outcome of the ‘gay wedding cakes’ case from a while back, but the general argument is that while a vendor should serve all valid customers equally, a client need not give equal chance to a vendor who they disagree with the policies of.
I’m going to to stop you right there. I do actually agree with you 100%, I’m just saying that “no one can prove I didn’t do this action for X innocent reason” falls apart in how the actual law is actually applied (and regardless of whether the law is being applied for a reasonable reason in the first place, which of course this one is not).
that case specifically did not ultimately have broad implications, but similar cases largely affirmed that vendors can refuse clients based on speech they disagree with. however generally these cases have simply danced around the issue. The general implication seems to be you can’t simply discriminate against people based on their identity, but you can refuse to associate with speech content which you disagree with. this isnt set in stone exactly but it seems like this:
You cant refuse to make cakes for black people, but you can refuse to make cakes which say “BLM”, or in the other direction, refuse to make maga cakes, or cakes with swastikas. Can you refuse to cater for say, the rnc? i would imagine so, but it technically isnt addressed that i saw. Can you refuse to cater for a known nazi? Maybe? Probably not technically just by them being a nazi.
The first of those should fail under free speech, so long as it doesn’t call for overt harm the proposal of a boycott would be similar to arguing against a political candidate.
The second would be difficult to argue unless the company had a formal procurement process that mandated bids and specific rules it could be said they went against.
The last is more classic racist denial and could certainly be prosecuted, but somewhat turns the tables in that the provider is refusing service to a potential client.
I forget the outcome of the ‘gay wedding cakes’ case from a while back, but the general argument is that while a vendor should serve all valid customers equally, a client need not give equal chance to a vendor who they disagree with the policies of.
I’m going to to stop you right there. I do actually agree with you 100%, I’m just saying that “no one can prove I didn’t do this action for X innocent reason” falls apart in how the actual law is actually applied (and regardless of whether the law is being applied for a reasonable reason in the first place, which of course this one is not).
that case specifically did not ultimately have broad implications, but similar cases largely affirmed that vendors can refuse clients based on speech they disagree with. however generally these cases have simply danced around the issue. The general implication seems to be you can’t simply discriminate against people based on their identity, but you can refuse to associate with speech content which you disagree with. this isnt set in stone exactly but it seems like this:
You cant refuse to make cakes for black people, but you can refuse to make cakes which say “BLM”, or in the other direction, refuse to make maga cakes, or cakes with swastikas. Can you refuse to cater for say, the rnc? i would imagine so, but it technically isnt addressed that i saw. Can you refuse to cater for a known nazi? Maybe? Probably not technically just by them being a nazi.