# Palin confuses First Amendment protections **URL:** \ **Category:** The BBQ Pit\ **Created:** [August 1, 2012, 4:50pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072 "2012-08-01T16:50:43Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [August 1, 2012, 7:41pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/41 "2012-08-01T19:41:01Z")
> [@Bricker](#): > > If Palin had hired me as a consultant she’d be Vice-President now. And I wake up screaming… ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [August 1, 2012, 7:41pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/42 "2012-08-01T19:41:21Z")
> [@Enkel](#): > > How do communities reject a new Walmart that can clearly comply with all zoning regulations? To my knowledge, they can’t. If you want to keep out Walmart, you have to write zoning against all comparable big-box stores in a given area. > [@Knorf](#): > > Religious beliefs? I’m pretty sure those have been used to support zoning restriction arguments (e.g. to prevent strip clubs operating near churches). Not really. The strip club and the church are just in different categories, and the former isn’t allowed near the latter in some jurisdictions. The particular religious beliefs of the church (or the strip club) aren’t relevant. ---
**Author:** ![nogravity](https://avatars.discourse-cdn.com/v4/letter/n/9d8465/32.png) [@nogravity](https://boards.straightdope.com/u/nogravity)\ **Post date:** [August 1, 2012, 7:43pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/43 "2012-08-01T19:43:15Z")
> [@Chimera](#): > > “Mayor Daley, can we see the stigmata?” Just for the record, this was the old man not the son Richard M Daley. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [August 1, 2012, 8:00pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/44 "2012-08-01T20:00:05Z")
> [@Bricker](#): > > If Palin had hired me as a consultant she’d be Vice-President now. What? You could have forced her to read a newspaper? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 1, 2012, 8:00pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/45 "2012-08-01T20:00:30Z")
> [@Enkel](#): > > I’m not sure. Many communities control the commerce allowed to operate and what areas they are allowed to operate in. That is common zoning laws. As an example, you can’t open up a porn shop or gas station anywhere you want. Communities have rejected Walmart and similar stores as undesirable. Nice try. But, no. Communities may zone to exclude fast food restaurants, but not to exclude one particular fast food restaurant based on the political views of its owner. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 1, 2012, 8:07pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/46 "2012-08-01T20:07:33Z")
> [@boytyperanma](#): > > So far they’ve expressed opinions. Do you think their first amendment rights should be limited because they are public officials? Yes. If the “opinion” in question is, “I will block any attempt to open a second location in this city,” and it’s spoken by an alderman, then yes, the First Amendment prohibits that speech in a way that it wouldn’t prohibit similar speech from you or me. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 1, 2012, 8:09pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/47 "2012-08-01T20:09:59Z")
> [@Wheelz](#): > > Yep, you’re right, state and local governments are bound by the constitution as well. I used the word “Congress” to mirror the amendment’s actual wording and sacrificed clarity. I agree that Emanuel and Moreno are walking a fine line here, and that people on both sides of the issue are acting pretty hysterically over all of this. > > BUT… > a) Emanuel and Moreno haven’t actually _done_ anything to keep Chik-Fil-A out of town, and I’m sure they both know they couldn’t really do so. They’re talking a lot of bluster. > > and b) That clearly wasn’t what Sarah was talking about. She said that private citizens deciding where to buy or not buy a sandwich “has a chilling effect on our 1st Amendment rights.” That’s just a flat-out ludicrous statement. I never know whether Palin truly believes all the shit she spouts or is just saying what she thinks her audience wants to hear. I lean toward the former, but the latter isn’t really better. Not going to waste time with (b): if Palin said something accurate, I’m sure it was by accident. But (a) is not correct. Even the threat, under official color of law, to deprive CFA of a business location is actionable, even if they never follow through. ---
**Author:** ![Carmady](https://avatars.discourse-cdn.com/v4/letter/c/f04885/32.png) [@Carmady](https://boards.straightdope.com/u/Carmady)\ **Post date:** [August 1, 2012, 8:10pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/48 "2012-08-01T20:10:54Z")
Can’t get mad about this one. Although what she said was stupid, one could argue that she knew about the Boston and Chicago issues, and was lumping everything together. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [August 1, 2012, 8:24pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/49 "2012-08-01T20:24:38Z")
Gentlepersons, can we not all agree that the Malign Sarah has actually said something that is not totally wrong? Ought we not to celebrate? Personally, I would congratulate the producers of _After School Specials_ for their educational success! ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [August 1, 2012, 8:29pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/50 "2012-08-01T20:29:26Z")
> [@Wheelz](#): > > Yep, you’re right, state and local governments are bound by the constitution as well. I used the word “Congress” to mirror the amendment’s actual wording and sacrificed clarity. I agree that Emanuel and Moreno are walking a fine line here, and that people on both sides of the issue are acting pretty hysterically over all of this. > > BUT… > a) Emanuel and Moreno haven’t actually _done_ anything to keep Chik-Fil-A out of town, and I’m sure they both know they couldn’t really do so. They’re talking a lot of bluster. > > and b) That clearly wasn’t what Sarah was talking about. She said that private citizens deciding where to buy or not buy a sandwich “has a chilling effect on our 1st Amendment rights.” That’s just a flat-out ludicrous statement. I never know whether Palin truly believes all the shit she spouts or is just saying what she thinks her audience wants to hear. I lean toward the former, but the latter isn’t really better. And Palin hans’t _done_ anything either. All three of them seem not to understand the 1st amendment. ---
**Author:** ![Punoqllads](https://avatars.discourse-cdn.com/v4/letter/p/d2c977/32.png) [@Punoqllads](https://boards.straightdope.com/u/Punoqllads)\ **Post date:** [August 1, 2012, 8:40pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/51 "2012-08-01T20:40:22Z")
Could Chicago or Boston government officials get around 1st Amendment issues by requiring businesses to not discriminate against people based upon sexual orientation, and require large businesses to document such a policy in writing? This would include treating same-sex couples (be they married, in a civil union, or merely cohabiting) the same as opposite-sex couples. At that point, Chick-fil-A can either implement such a policy, which some would argue paints Cathy as a hypocrite unwilling to fully put his money where his mouth is, or not implement such a policy and then be unable to set up shop in those towns. Or write up such a policy but not actually implement it, opening themselves up to lawsuits. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 1, 2012, 8:42pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/52 "2012-08-01T20:42:59Z")
> [@Punoqllads](#): > > Could Chicago or Boston government officials get around 1st Amendment issues by requiring businesses to not discriminate against people based upon sexual orientation, and require large businesses to document such a policy in writing? This would include treating same-sex couples (be they married, in a civil union, or merely cohabiting) the same as opposite-sex couples. > > At that point, Chick-fil-A can either implement such a policy, which some would argue paints Cathy as a hypocrite unwilling to fully put his money where his mouth is, or not implement such a policy and then be unable to set up shop in those towns. > > Or write up such a policy but not actually implement it, opening themselves up to lawsuits. Absolutely. Not by fiat, but the state legislatures could pass such laws, or permit their cities to pass such laws. Not sure it would make Cathay a hypocrite, though, as he could say that he respects the law and will obey it while simultaneously advocating for its change. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [August 1, 2012, 10:44pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/53 "2012-08-01T22:44:26Z")
> [@Bricker](#): > > Communities may zone to exclude fast food restaurants, but not to exclude one particular fast food restaurant based on the political views of its owner. Have any communities threatened to do that to Chick-fil-A? ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 1, 2012, 10:53pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/54 "2012-08-01T22:53:24Z")
> [@Bricker](#): > > If Palin had hired me as a consultant she’d be Vice-President now. You would have lobbied for her to be an across-the-aisle appointment to Secretary of Transportation and then gone on a killing spree? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 1, 2012, 10:53pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/55 "2012-08-01T22:53:24Z")
> [@elucidator](#): > > Gentlepersons, can we not all agree that the Malign Sarah has actually said something that is not totally wrong? Ought we not to celebrate? Personally, I would congratulate the producers of _After School Specials_ for their educational success! Only dead fish go with a slow running clock that might be right every once in a long while. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 1, 2012, 10:56pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/56 "2012-08-01T22:56:30Z")
> [@elucidator](#): > > the Malign Sarah I humbly propose “the Doofine Sarah”. ---
**Author:** ![Gangster\_Octopus](https://avatars.discourse-cdn.com/v4/letter/g/a8b319/32.png) [@Gangster\_Octopus](https://boards.straightdope.com/u/Gangster_Octopus)\ **Post date:** [August 1, 2012, 11:08pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/57 "2012-08-01T23:08:55Z")
Damn Palin, she is trampling my First Amendment rights to trample on the Chik-fil-A dudes first amendment rights. I am literally being tarred and feathered here by a bunch of wild horses trying to tear me limb from limb. Oh, the humanity! ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 1, 2012, 11:17pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/58 "2012-08-01T23:17:14Z")
> [@Bricker](#): > > Even the threat, under official color of law, to deprive CFA of a business location is actionable, even if they never follow through. Cite? Not disagreeing, just haven’t heard this before. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [August 1, 2012, 11:19pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/59 "2012-08-01T23:19:44Z")
“Hey Mom, what are you up to today?” “Well, I just got back from Chick-Fil-A… I went to show my support, you know… are you okay?” “Mmm!” “Sounded like you were crying! Anyway…” ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 1, 2012, 11:28pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/60 "2012-08-01T23:28:33Z")
> [@Fear\_Itself](#): > > Have any communities threatened to do that to Chick-fil-A? Sure. A Chicago alderman and mayor announcing they wouldn’t permit the franchise to open a second location? That’s a credible threat, from people who have the power to effect the consequence. [Previous page](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072.md?page=2) [Next page](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072.md?page=4)