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A&E not oppressing Phil Robertson with suspension
Mercury News ^ | 12/19/2013 | Tony Hicks

Posted on 12/19/2013 5:49:34 PM PST by Battle Hymn of the Republic

I'm tired of people getting in trouble for expressing their opinions, popular or not. A person should say what they believe, and we should support their right to say it, whether we disagree or not. This is America. Then again, I don't own a company that depends on revenue generated by quirky Louisiana duck hunters, who look like ZZ Top and believe homosexuality is wrong and Southern blacks were a lot happier back in the good old days.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Constitution/Conservatism; Extended News; Front Page News
KEYWORDS: duckdynasty; robertson
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To: okie01; glock rocks

As glockrocks pointed out: “Catholics need not apply.”

This violates the Equal Opportunity Act. I may not like the act, but so long as it is in force, by God, they WILL follow it.

Robertson should hire some damned good attorneys. By the end of the month, he may own A&E.


161 posted on 12/21/2013 4:54:57 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: xzins
The Supreme Court has sided against discrimination based on sexual orientation for some time now. Kennedy said that not protecting homosexuals against prejudice is based on animosity,

Those cases are talking about discrimination by the Government. There is currently no federal law banning private employers from discriminating in hiring based on sexual orientation. (A bill to change that is currently before the Senate, and may even pass, but is going nowhere in the House of Representatives.)

162 posted on 12/21/2013 8:35:52 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: butterdezillion
It is interesting that adultery is a crime according to the federal military code, and yet Congress is rife with it and it’s not a crime. We need our fighters to be more honorable than our law-makers I guess.

The courts have held that the UCMJ can ban conduct that would be OK if done by civilians, because of the need to uphold order and discipline among the troops.

163 posted on 12/21/2013 8:38:13 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Yes there is. Civil rights law
of 1964.


164 posted on 12/21/2013 8:45:49 AM PST by rlbedfor
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To: Battle Hymn of the Republic
I heard that if Phil signed a contract with a "morals clause" in it the network can interpret that as giving them a free hand to do what they like (assuming they didn't already have that).

It's a little ironic, though. Not so long ago the behavior he's under fire for criticizing would have gotten people fired under the same clause if they indulged in that very behavior.

165 posted on 12/21/2013 8:46:53 AM PST by x
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To: Lazamataz
This violates the Equal Opportunity Act. I may not like the act, but so long as it is in force, by God, they WILL follow it. Robertson should hire some damned good attorneys. By the end of the month, he may own A&E.

Technically, it may not violate the Act, because the relationship between the network and the Robertsons is probably not one of employer and employee. There is some kind of contract, but I am sure it is not structured as an employment contract.

If the relationship is not one of "employment," the parties' legal rights are very different. For example, I am a lawyer; I get "hired" by clients, but I am not their "employee," so a client may legally say to me "I won't hire you because you're a Jew" (or "because you're white" or "because you're male") and no law has been broken.

Another wrinkle is that A&E has a first amendment freedom of speech right not to broadcast a show that doesn't comport with its views. A California appellate court ruled last week that a TV network could refuse to hire men for the on-air weather forecaster slot (which is an "employee") because they have a first amendment right to broadcast the kind of news show they want.

166 posted on 12/21/2013 8:54:19 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Gene Eric; umgud; Gabz; autumnraine; Cementjungle; Monorprise; dfwgator
It is certainly a freedom of speech issue.

Not even close. It is a free enterprise issue. And A&E can run its network any way it chooses, and the Duck family can choose whether to involve itself in a contract with that network or not. It is A&E's decision alone to make, and it is A&E that stands to reap the rewards or suffer the consequences of their decision.

No one is taking away Robertson's right to free speech or religious freedom. This is not a viewpoint discrimination case. No one is preventing Robertson from saying what he says.

167 posted on 12/21/2013 8:55:29 AM PST by Hoodat (Democrats - Opposing Equal Protection since 1828)
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To: Hoodat

But it is because of the lack of freedom of expression, where certain points of view arouse media-magnified ire that A&E (or any other enterprise) feels that certain comments are objectionable enough to cost them financial hardship.

Come on!


168 posted on 12/21/2013 8:59:54 AM PST by MarDav
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To: Hoodat

I agree with you on this, but not everybody here does. I’ll just have to agree to disagree with them.

I do however, hope A&E gets hosed over this.


169 posted on 12/21/2013 9:02:29 AM PST by umgud (2A can't survive dem majorities)
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To: Lurking Libertarian

Those were the opinions cited by the judge forcing the bakers to make a gay wedding cake even though Colorado prohibits same-sex marriage.


170 posted on 12/21/2013 9:02:41 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Gabz

I have to agree with you, Gabz.


171 posted on 12/21/2013 9:05:08 AM PST by tioga (Wise men still seek Him.)
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To: Hoodat

No one is preventing PR from saying what he believes, but they are trying to silence him by making the consequences of speaking out so dire that one would choose to stay quiet instead of pay the price.


172 posted on 12/21/2013 9:15:58 AM PST by ez (Muslims do not play well with others.)
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To: ez

Just like Phillip Morris would try to silence the Marboro Man in stating his opinion about how cigarettes cause cancer.


173 posted on 12/21/2013 9:20:30 AM PST by Hoodat (Democrats - Opposing Equal Protection since 1828)
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To: Alex Murphy

so what does A&E do when the rest of them deliberately go out and say the same things.


174 posted on 12/21/2013 9:20:46 AM PST by tioga (Wise men still seek Him.)
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To: xzins
IMO, the judge in that case was dead wrong. The baker had a list of products they sold, and that list did not include a cake with two homos on top. The judge was forcing them to sell a product they did not normally sell.

(Key word: 'normal')

175 posted on 12/21/2013 9:22:48 AM PST by Hoodat (Democrats - Opposing Equal Protection since 1828)
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To: Hoodat

I imagine so, lol. They are both within their right, just like country stations were within their rights to stop playing Dixie Chicks, so the rest of us can just react, adjust and move on.


176 posted on 12/21/2013 9:24:52 AM PST by ez (Muslims do not play well with others.)
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To: Hoodat

While I agree that the judge was wrong, the judge decided it was discrimination due to sexual orientation. Phil Robertson is being discriminated against because of both sexual orientation and religious belief.


177 posted on 12/21/2013 9:43:21 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins
Phil Robertson is being discriminated against because of both sexual orientation and religious belief.

Wrong on both counts. The remaining family members share the exact same sexual orientation preference as Phil Robertson, yet they still retain their contractual status.

A&E made business decision. A&E assumes all risks of that business decision in regards to how it affects their bottom line. Consider for a moment this scenario. Imagine that Phil Robertson decides to come out of the closet and admit an incestuous homosexual relationship with another member of the show. If that happened, viewership would probably decline by 95%, sponsors would bail, the show would become a bigtime money loser, and the A&E brand would take a hit. If that occurred, would A&E have the right to kick Phil and his partner off the show? Absolutely! It would be a business decision on their part, just as it is now. We may judge it to be the wrong decision just as we did with GM's decision to manufacture the Volt, but it is their decision nonetheless. They take the risk. They reap the reward. They pay the price. No one should be able to force A&E to keep to a contract anyone based on sexual preference or religious belief. It is their decision and theirs alone.

178 posted on 12/21/2013 10:07:51 AM PST by Hoodat (Democrats - Opposing Equal Protection since 1828)
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To: tioga
so what does A&E do when the rest of them deliberately go out and say the same things.

I was wondering the same thing. More specifically, WHY the rest of them HAVEN'T. It wouldn't take much for each of them to say "I may not word it like Phil, but I agree with him that..."

179 posted on 12/21/2013 10:07:53 AM PST by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: Lurking Libertarian

Phil Robertson isn’t being discriminated against based upon sexual preference. The other family members who did not get suspended also prefer heterosexuality just like Phil.


180 posted on 12/21/2013 10:11:23 AM PST by Hoodat (Democrats - Opposing Equal Protection since 1828)
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