Posted on 12/19/2013 6:44:26 PM PST by RoosterRedux
Might I say it's been fun to watch for a change.
Sounds like what you desire is freedom from the repercussions of exercising free speech. That sort of freedom exists only with regard to speaking your mind about your government.
You have the freedom to say whatever you like to anyone, at any time. You just have to be willing to accept the consequences for what you say.
yep, and I still call them Killer Whales!!!
Sudden, fast, devastating….
I’ve only seen it a couple of times. It is one of these shows that follow a group of people, in this case a large family that became very succesfull as the makers of Duck Commander duck calls and related projects, as they live their lives in Louisiana rural setting.
Kind of like ZZ Top characters originally, the older two got the Word, the younger members of the family built the business and they all are characters.
Duck hunting and all types of hunting and fishing are brought into it but it is not an Outdoor show, it is one of these reality shows that bore me to death. I like them but it is not something I follow.
But they're so cute at Sea World.
Cept when Shamu occasionally kills his (?) trainers.
Well, I’m not in the reality show business, so I’m not necessarily in a position to know the full calculus of A&E going into this. Messy is a nice threat to hang over someone’s head, but actual follow through is another matter. No one really likes messy except for the attorneys. A&E may value their generally progressive brand enough to “protect” it from contamination by reality show cast members, but they may also value getting past this as quickly as possible. Reality show “controversy” is good as long as it fits the product and brand models. Otherwise, it may simply be a detriment with no upside. In which case settlement becomes the best choice.
One more thing. I’ve seen a few of these reality show contracts online, and they can be nasty nasty contracts, full of provisions that no sane person would agree to. I’m not researched up on the specific case law, but I’m betting a number of those provisions would have a tough time if tested in court, might be tossed as unconscionable. There are some things you cannot contract away. I would think A&E’s longer term interests would be better served by not having the validity of their reality show contracts vetted by an unfriendly judge.
…yeah, there’s THAT!!
Sounds like a lot of wisdom - both from profession and experience.
Thanks!
I’m sorry you feel that way about the First Amendment but I will stand by the Robertson family who clearly understands that Phil’s First Amendment Rights are being violated by A&E.
In case you missed it. This is what the family said about Phil and the First Amendment.
“We are disappointed that Phil has been placed on hiatus for expressing his faith, which is his constitutionally protected right.”
Awesome post, kingu! Thanks for sharing....
It's not how I "feel" about the 1st Amendment. It just is what it is.
No one says you don't have a right to free speech. You absolutely do. What I think you're failing to see here, is that the 1st Amendment provides you with protection to speak out against your government - not private individuals, institutions, etc.
Even in the private sector, anyone's allowed to say whatever they like, but they must be willing to accept whatever negative reactions those statements trigger in others.
These aren't new concepts, and they're not my opinion. They've been with us for 240 years now.
Phil’s First Amendment Rights are being violated by A&E.
No....they're not. Only the government can violate your 1st Amendment right to free speech. A&E has done a despicable thing by punishing Phil Robertson for speech they find offensive, but they haven't violated his right to freely speak his mind.
Don't forget that they also have an implied right of free association, as do we all. If they don't like Phil Robertson's company, they have every right to discontinue such association.
Now, they're obviously going to pay a high price for the way they chose to separate themselves from Phil, but that's what I mean when I say that we all have to be willing to accept the negative consequences of our spoken words. We also must be willing to accept any negative reactions to the choices we make in our associations.
That's freedom.
The Constituion gives you the right to hurt your employer with your speech but it also gives them the right to fire you for doing it.
You may want to revisit your history books. Or do you think that the progressives at our universities that steal or burn campus newspapers and intimidate both speakers and audience members do not abridge first amendment rights? Or are those thugs merely exuberantly expressing their rights to free speech?
But A&E having a contractual relationship with the Robertsons may have perfectly legal constraints regarding what happened. I don't know any of the terms of contract. That said A&E I suspect is not only cowardly but terminally stupid.
Read the 1st Amendment again. It only proscribes the government from suppressing our right to free speech. It does nothing to compel an ordinary citizen from suppressing that same right.
It's become an article of faith in America that the 1st Amendment compels private individuals and groups to respect the God-given right to free speech, but it really doesn't.
Come into my house and start saying things I don't like, and you'll probably be asked to leave. I don't think you'd argue that I have a perfect right to do that. Free Republic does it all the time, as is their right. Is that suppressing free speech? No, it's not. It's simply reacting to speech they find repugnant, and that's the price people pay for speaking their minds in a private setting.
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