Tag: Anti-Discrimination Laws

Should Political Speech be a “Civil Right?”

 

It is time to look at expanding anti-discrimination laws to protect political expression.

Conservative media these days are replete with examples of people on the right being intimated, shunned, deplatformed, fired and worse for expressions of support for former President Trump. “No, anyone who supported the president, voted for him or worked for his administration now has to be hunted down and purged,” New York Post columnist Miranda Devine opined recently.

“They’re losing their jobs, having their insurance canceled, their book contracts and recording deals torn up. They are being banned from flying or banking or speaking on social media.

In a sampling of recent news stories, Richard Epstein tackles the NLRB’s ruling allowing graduate students to unionize, a federal judge’s injunction against the Obama Administration’s transgender restroom regulations, and a move to restore voting rights for ex-cons in Virginia.

Why Markets Work Better Than Anti-Discrimination Laws

 

Given the ongoing controversy over the Religious Freedom Restoration Acts in Indiana and Arkansas, I chose to use the newest installment of my weekly column for Defining Ideas to conduct a deeper examination of the principles that ought to inform our anti-discrimination laws. As I note there, the all-too-common invocation of Jim Crow as a precedent elides the fact that the pre-Civil Rights Act South was an exception to the general rule:

In the run-up to the 1964 Civil Rights Act the great impetus behind the passage of Title II was the widespread and conspicuous stories of motels and restaurants refusing to provide service to their black customers on equal terms with white customers, assuming that they were willing to provide for them at all. At this point, there is an evident breakdown in the operation of competitive markets, because it seems evident that some merchants—most notably national restaurant and hotel chains—that provided open service in the North were unable to do so in the South. The explanation in large measure rested on the combined threats of a segregationist establishment backed by private violence, which made entry of new businesses into the market to serve disfavored groups a near impossibility. The great achievement of the Civil Rights Act of 1964 was to smash these official and private barriers to open services. Once released, competitive forces took over, and the short-term crisis came to an end.