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The First Amendment

Feb 4, 2021
Feb 4, 2021 Updated Apr 13, 2025
11

Editor,

The First Amendment of the U.S. Constitution includes the freedom of speech. So I’m very curious why a business owner can’t express his words/speech on who he or she endorses as a presidential candidate, attends rallies; without being banned from selling their product in certain stores that don’t agree with their political viewpoints.

(11) comments

Gloria Gael Feb 5, 2021 3:24am

Ms. King, your understanding of the first amendment is woefully incorrect. The amendment does not apply to private businesses, only government suppression of free speech. It states "Congress shall make no law prohibiting freedom of speech" (paraphrasing). As a result of interpretation by case law and incorporation, the protection was extended to state and municipal governments over the years. It has never applied to private businesses. If a tv station does not want Mr. Pillow to advertise on their station, they are completely within their rights. It's a sad commentary on our educational system that so many people lack knowledge and understanding of our Constitution.

Ray Fowler Feb 5, 2021 9:20am

Good morning, Ms. Gael

"It's a sad commentary on our educational system that so many people lack knowledge and understanding of our Constitution."

I agree.

It's sad that while at least 90% of college students say they support the First Amendment, most of them do not understand our First Amendment freedom of speech guarantees. Where did they learn to say they support freedom of expression but at the same time really have no understanding of what that freedom means?

That lack of understanding is clearly evidenced when nearly 80% of those students say they would ban racially offensive comments. While such commentary is abhorrent and roundly rejected (as it should be), it is still protected by the Constitution. The way to expose that commentary is to... wait for it... speak out long and loudly against it.

Gloria Gael Feb 5, 2021 3:12am

Ms. King, your understanding of the first amendment is woefully incorrect. Private businesses are not bound by it. The first amendment only prohibits the GOVERNMENT from suppressing speech with a few exceptions like inciting violence and making threats. The amendment states, in part "Congress shall make no law abridging...freedom of speech..." As a result of interpretation by case law and incorporation, this protection was extended to state and municipal governments over the years. The amendment has NEVER applied to private business. If a tv station doesn't want to allow Mr. Pillow to advertise on their station, that is completely within their rights, because they are not the GOVERNMENT! It is a sad commentary on our educational system that so many people lack knowledge and understanding of our Constitution.

incorporation, the

Cindy Cornell Feb 4, 2021 2:25pm

Everyone has the right to freedom of speech just as everyone has the right not to listen, including companies.

Tommy Tee Feb 4, 2021 11:40am

The 1st Amendment only applies to government. Many people think it applies to everything.

A business can "reserve the right to refuse business" to anyone they want. If people don't like it, they are free to shop elsewhere. The MyPillow guys is a nut job, just like MT Greene. However, they have the right to be wackadoodles. Btw-on SNL last week they did a funny skit with the pillow guy.

Dirk van Ulden Feb 4, 2021 8:30pm

Hello Tommy, let's be fair. If Ms Greene had a (D) behind her name she would be warmly embraced by the AOC Quads. Some of them have said far worse things for which they should have been censored or expelled. With respect to Mr. Pillow, how many jobs have you created? How much have you contributed to our economy? Just taking potshots and spouting unsubstantiated name-calling is not very productive.

Tommy Tee Feb 5, 2021 3:47pm

Sure, Dirk.

willallen Feb 5, 2021 3:17pm

A business can "reserve the right to refuse business" to anyone they want.

No. Anti-discrimination laws say you can't refuse service based on several factors, including race and/or religion with more to come. It's called the Unruh Act.

Tafhdyd Feb 4, 2021 11:13am

As for the First Amendment, generally speaking it is with regards to the congress and governmental agencies, not private entities. As for shopping, I have never been to Kohl's but I will have to give them a try. I do shop at B,B & B occasionally but will try and get there more often.

Terence Y Feb 4, 2021 9:14am

Well written, Ms. King. Now that we can buy many items directly from the manufacturer, we can skip the middleman and pick and choose our winners and losers, kind of like what governments try to do with certain businesses. To wit, Solyndra.

Patrick Henry Feb 4, 2021 6:39am

I agree Sharon. Those on the right need to put down their opposition to boycott and start to only do business with people who think like we do. If you want to cancel us, we will cancel you. Next time you look to buy a product or service, make sure that they have the same political views you do. You need to fight fire with fire, I will be boycotting Bed, Bath and Beyond and Kohls as well. Two can play that game and may the best man (or woman) win.

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