Saturday, December 21, 2013

Phil Robertson is not a First Amendment Champion

Phil Robertson of Duck Dynasty sure stepped in duck "you know what" this week.  What is even more amazing to me is the politicians who are jumping in to defend him and criticize the A&E Network for suspending him.  Somehow our constitutional freedoms are at risk? Really?
An Illinois Republican congressional candidate actually compared Robertson to Rosa Parks.  Other than the fact that both of their names contain the letter "R", I don't see that one.
Louisiana Governor Bobby Jindal also jumped to Robertson's defense. Granted, the Duck Dynasty folks are his constituents, but does Governor Jindal really believe that standing by Phil Robertson  will launch his campaign for the White House?  Yes, John F. Kennedy did make a well timed call to Dr. Martin Luther King in the midst of the 1960 campaign but, again, I am having trouble seeing the similarity.
Talk radio hosts have tripped over themselves trying to ratchet up this "Phil Robertson vs. the politically correct liberal elite" conflict, but again I don't see it.
Far be it from me to advise Governor Jindal or a candidate for Congress in another state, but let me suggest that Phil Robertson's plight is not going to help you get elected.  His comments were incredibly ignorant.  Attempting to defend it as an inarticulate statement of his religious beliefs doesn't help matters.  Politicians might want to actually read what he said before they run out and defend him.
But Phil Robertson certainly had a right to say it. We have heard a lot about First Amendment rights and how the A&E Network is taking away Phil Robertson's, but I think this represents an overly expansive view of this constitutional right.  Yes, he has a First Amendment right to say whatever he wants about whomever he wants.  No law can prohibit that. But A&E also has a business to run.  If one of their employees says something that hurts their brand or casts the company in a bad light, they are entitled to take action.
Is what Phil Robertson said bad for business? I don't have access to A&E's ratings demographics to know whether they think they will lose viewers or sponsors because of him. I suspect the audience for Duck Dynasty does not skew too heavily towards liberal, gay or African American viewers, but that's just my supposition.  Are they caving in to pressure from certain interest groups? Maybe.
The point is, A&E can protect its brand when employees do or say stupid things.
They can also reinstate Phil Robertson when they think that is good for business.
The First Amendment protects our free speech rights, but it does not protect us from the consequences of exercising that right. 

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