But denying a private business permits because of such speech by its owner is a blatant First Amendment violation. Even when it comes to government contracting — where the government is choosing how to spend government money — the government generally may not discriminate based on the contractor’s speech, see Board of County Commissioners v. Umbehr (1996). It is even clearer that the government may not make decisions about how people will be allowed to use their own property based on the speaker’s past speech. And this is so even if there is no statutory right to a particular kind of building permit (and I don’t know what the rule is under Illinois law). Even if the government may deny permits to people based on various reasons, it may not deny permits to people based on their exercise of his First Amendment rights. It doesn’t matter if the applicant expresses speech that doesn’t share the government officials’ values, or even the values of the majority of local citizens. It doesn’t matter if the applicant’s speech is seen as “disrespect[ful]” of certain groups. The First Amendment generally protects people’s rights to express such views without worrying that the government will deny them business permits as a result. That’s basic First Amendment law — but Alderman Moreno, Mayor Menino, and, apparently, Mayor Emanuel (if his statement is quoted in context), seem to either not know or not care about the law.
Predictability difficulty level: 2. As Popehat remarked,
4. The Jim Henson Company severs their relationship with Chick-fil-A as a consequence of the latter company’s support for anti-gay causes. Chief Executive Lisa Henson opts to affirm the company’s standpoint on this issue by donating their payment to GLAAD (The Gay and Lesbian Alliance Against Defamation). Jim Henson toys are pulled from Chick-fil-A kids’ meals. George Takei posts the following on his Facebook wall:
Predictability difficulty level: 5. That’s a pretty decisive move for the muppet makers, and cements the understanding that Chick-fil-A’s actions are anything but personal and simply supportive of “traditional biblical marriage.”
5. Roseanne Barr tweets that Chick-fil-A customers deserve to get cancer.
Politicians blocking Chick-fil-A openings spread to Chicago's aldermanic council today. There's one franchise in Chicago at Loyola's downtown campus, but it was only a matter of time before an alderman would announce plans to block any attempted openings. Difficulty of predictability: 1. I was surprised that it hadn't already happened.
I agree that it's wrong for politicians to try to block openings and, I assume it's unconstitutional (but IANAL), but Chicago aldermen rule over their wards like dictators. They do whatever they want to do. They have virtually no legal authority over their wards, but the actual power they wield is extraordinary.
And that franchise owner is apparently trying to fight back. I don't blame her, though I think she's deliberately missing the point in saying how good her business is for the community in response to an accusation that Chick-fil-A's behavior as a corporation is not beneficial. She's not responsible for what Dan Cathy does, and I'm guessing she wishes he'd cut it out.
Whoa! Creepy fil-A