# 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:** 4
**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, 11:44pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/61 "2012-08-01T23:44:22Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Cite? Not disagreeing, just haven’t heard this before. For which part? Generally, 42 USC §1983 gives rise to a civil action for a state official acting under color of law who deprives the plaintiff of constitutional rights. ---
**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, 11:45pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/62 "2012-08-01T23:45:20Z")
The part where _saying_ you’ll do it is actionable. ---
**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, 11:45pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/63 "2012-08-01T23:45:24Z")
> [@Voyager](#): > > What? You could have forced her to read a newspaper? Good point. I amend it to the claim that if Palin had hired AND OBEYED me as a consultant, she’d be the Vice-President now. ---
**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, 11:47pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/64 "2012-08-01T23:47:37Z")
> [@Voyager](#): > > What? You could have forced her to read a newspaper? He could have forced her to remember the name of one. ---
**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, 11:47pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/65 "2012-08-01T23:47:37Z")
> [@Really\_Not\_All\_That\_Bright](#): > > The part where _saying_ you’ll do it is actionable. All CFA has to do is show any resulting harm – costs incurred from a contingency plan, options exercised in prudent concern over the possibility of the mayor’s threats being realized, investor reluctance, anything at all. ---
**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\ **Post date:** [August 1, 2012, 11:52pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/66 "2012-08-01T23:52:43Z")
> [@Bricker](#): > > Good point. I amend it to the claim that if Palin had hired AND OBEYED me as a consultant, she’d be the Vice-President now. Why? Is your contention that she needed _tu quoque_ training? ---
**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\ **Post date:** [August 1, 2012, 11:56pm UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/67 "2012-08-01T23:56:13Z")
> [@Bricker](#): > > Sure. A Chicago alderman and mayor announcing they wouldn’t permit the franchise to open a second location? As already noted earlier, the mayor made no such threat. He did talk about the ways in which, in his opinion, the owner of Chik-Fil-A was unlike folks in Chicago, but when asked about preventing their opening, Emanuel explicitly said that he would make no effort to prevent them. Moreno actually talked about keeping them out of his ward. ---
**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 2, 2012, 12:06am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/68 "2012-08-02T00:06:32Z")
> [@Bricker](#): > > All CFA has to do is show any resulting harm – costs incurred from a contingency plan, options exercised in prudent concern over the possibility of the mayor’s threats being realized, investor reluctance, anything at all. Well, that might get them their day in court, but quantifying (let alone proving) damages is a bit of a leap. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 2, 2012, 12:25am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/69 "2012-08-02T00:25:09Z")
> [@Bryan\_Ekers](#): > > Well, that might get them their day in court, but quantifying (let alone proving) damages is a bit of a leap. Oh, absolutely. It would be a merely symbolic victory. But i am pretty sure they could say something like, “After Mayor Emmanuel spoke, we directed our architect to begin drawing plans for a new location outside the city limits; he spent 12 hours at a cost of $300 per hour.” chump change, but actionable. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 2, 2012, 12:26am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/70 "2012-08-02T00:26:13Z")
> [@tomndebb](#): > > As already noted earlier, the mayor made no such threat. He did talk about the ways in which, in his opinion, the owner of Chik-Fil-A was unlike folks in Chicago, but when asked about preventing their opening, Emanuel explicitly said that he would make no effort to prevent them. > > Moreno actually talked about keeping them out of his ward. Fair enough. Substitute Moreno for Emmanuel, then. ---
**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 2, 2012, 12:28am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/71 "2012-08-02T00:28:40Z")
As you put it, they’d have to demonstrate _prudent_ concern. This is beside the point, though, which is that Moreno was unequivocally wrong to make those comments. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [August 2, 2012, 1:05am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/72 "2012-08-02T01:05:17Z")
Clearly the most rational way to handle Emanuel and Menino’s comments is to threaten them with guns. > **[House Candidate Says Mayors Against Chick-Fil-A 'Need To Be Introduced To 2nd...](https://www.huffpost.com/entry/mayors-chick-fil-a_n_1730168)** > > House Candidate Says Mayors Against Chick-Fil-A 'Need To Be Introduced To 2nd Amendment' Two wrongs don’t make a right but shooting public officials sure will make news. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 2, 2012, 1:27am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/73 "2012-08-02T01:27:31Z")
Bit off topic, but both of the Chick-Fil-A stores in my neighborhood had huge, out-te-door lines this evening. Maybe their damages will be offset. ---
**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 2, 2012, 1:31am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/74 "2012-08-02T01:31:29Z")
That’s because today was Mike Huckabee’s “national Chick-fil-A day”. ---
**Author:** ![bmoak](https://avatars.discourse-cdn.com/v4/letter/b/9dc877/32.png) [@bmoak](https://boards.straightdope.com/u/bmoak)\ **Post date:** [August 2, 2012, 1:55am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/75 "2012-08-02T01:55:07Z")
> [@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. Chicago already has non-discriminatory regulations on the books that explicitly cover sexual orientation. Chick-Fil-A has refused to sign paperwork saying they recognize and will abide by those regulations. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [August 2, 2012, 1:58am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/76 "2012-08-02T01:58:53Z")
> [@bmoak](#): > > Chicago already has non-discriminatory regulations on the books that explicitly cover sexual orientation. Chick-Fil-A has refused to sign paperwork saying they recognize and will abide by those regulations. Cite? ---
**Author:** ![bmoak](https://avatars.discourse-cdn.com/v4/letter/b/9dc877/32.png) [@bmoak](https://boards.straightdope.com/u/bmoak)\ **Post date:** [August 2, 2012, 2:24am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/77 "2012-08-02T02:24:53Z")
However, it looks the alderman has turned around and stated that he has met with the local franchisees and they are agreeing to not be discriminatory, so he is more open to granting the permit. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [August 2, 2012, 2:41am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/78 "2012-08-02T02:41:34Z")
> [@bmoak](#): > > However, it looks the alderman has turned around and stated that he has met with the local franchisees and they are agreeing to not be discriminatory, so he is more open to granting the permit. Cite? I’d like to read whatever article you are pulling this from. ---
**Author:** ![bmoak](https://avatars.discourse-cdn.com/v4/letter/b/9dc877/32.png) [@bmoak](https://boards.straightdope.com/u/bmoak)\ **Post date:** [August 2, 2012, 2:47am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/79 "2012-08-02T02:47:11Z")
> [@boytyperanma](#): > > Cite? Can’t find my original source and it’s getting late. [Here’s](http://www.cbsnews.com/8301-201_162-57480373/chick-fil-as-stance-on-gay-marriage-threatens-plans-for-new-restaurant-in-chicago/) the closest I can find, and it doesn’t quite make the same claim. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [August 2, 2012, 2:48am UTC](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072/80 "2012-08-02T02:48:14Z")
> [@Bricker](#): > > Fair enough. Substitute Moreno for Emmanuel, then. [Moreno’s backed away from his comments, too.](http://www.lgbtqnation.com/2012/07/boston-mayor-backs-off-chick-fil-a-aclu-warns-politicians-to-avoid-threats/) [Previous page](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072.md?page=3) [Next page](https://boards.straightdope.com/t/palin-confuses-first-amendment-protections/630072.md?page=5)