The departure of advertisers from Laura Ingraham’s show on Fox News after a boycott of their products and services was proposed by David Hogg, the Parkland, Florida, shooting survivor Ms. Ingraham gratuitously mocked on Twitter, is not censorship, as Fox News executives claim, but the simple economic result of a self-inflicted wound. No one disputes Ms. Ingraham’s First Amendment right to make hateful, idiotic remarks. Furthermore, no one claims that Ms. Ingraham cannot disagree with Mr. Hogg on gun control. As a public figure, however, with a forum that allows her to generate revenue through television viewership ratings that are often as not in her case driven by the outlandishness of her hateful, idiotic remarks, and ad hominem attacks on those she disagrees with, she cannot expect there will be no repercussions. Boycotting her advertisers is simply hitting her where she and Fox News are most vulnerable.
Rosa Parks in 1955, with Martin Luther King Jr. in the background. Ms. Parks was instrumental in starting the Montgomery, Alabama, bus boycott when she refused to give up her seat to a white passenger. Photo by the United States Information Agency (USIA).
There’s a world of difference between the costs paid by Ms. Ingraham for her free speech and that paid by someone such as Juli Briskman, the woman who lost her job after flipping off Supreme Leader’s motorcade last October. Ms. Briskman was not a public figure at the time, and she undertook her action on her own account, with no connection made by her between that action and her employer. Still, her employer, a federal contractor, fired her after it became widely known she worked for them. Ms. Briskman had no thought of ginning up popularity and revenue for her or her employer, far from it. People like Laura Ingraham are well aware their speech will generate controversy, because controversy translates into money. Ms. Ingraham and other public figures like her are the television wrestlers of punditry, throwing metal chairs and bellowing insults while they stomp around the arena doing their best to incite the crowd.
The boycott is a time honored method for expressing disapproval and trying to effect change in public policy or the behavior of public figures. People on both sides of the political spectrum engage in boycotts, as the Reverend Franklin Graham demonstrated recently when he called for a boycott of Target department stores on account of what he sees as their overly liberal transgender restroom policy. Everyone votes with their dollars, for the simple reason that in our capitalist society it is the easiest and most effective way of getting the attention of the powerful. Whether a boycott is undertaken for frivolous or nasty reasons is in the eye of the beholder, but it has to be respected because it too is a form of free speech. The object of a boycott may weather it with enough counter support from people who perceive the boycott as unfair. At any rate, the economic effect is often secondary to the real aim of the boycotters, which is to bring a matter to widespread public attention, causing the boycotted company or public figure to explain or justify their actions, policies, or remarks.
Mahatma Gandhi coined the term “satyagraha” to explain his view on the right way to conduct non-violent efforts for change. Satyagraha means truth (satya), and grasp or hold onto (graha), or holding onto the truth. When people hold what they believe to be the truth, they actively try to get someone or some group who is obstructing their aims to see that truth as well, so that in the end they will step out of the way without the threat of violence. Of course, we all believe we hold the truth, with the possible exception of media pundits who cynically exploit political arguments for personal gain, in which case it’s hard to say whether they believe their own nonsense or not. It doesn’t really matter.
An assembly of moments from the 1982 Richard Attenborough film Gandhi, with Ben Kingsley, showing some of the Mahatma’s methods and philosophy.
For everyone else, with their own truths (not their own facts), it is important to treat those who disagree by the light of their own truths with respect and consideration during the contest for change. The boycott throughout history has been an instrument of change used by the weak against the strong, and today is no different. It’s unseemly then for the strong to veil themselves in the First Amendment in a cynical attempt to elevate the debate into the same arena where Gandhi, Martin Luther King Jr., Rosa Parks, and Cesar Chavez fought for their rights, when they brought this public criticism upon themselves as a consequence of abusing their public forum in the interest of spewing vitriol in pursuit of dollars.
— Vita
Telling someone off, no matter who they are and how high and mighty they may seem, is as American as apple pie. In fact, the more important a person purports to be, the better for all concerned in our society that someone tell that person off sooner or later, either before or after they get too big for their britches. That’s democracy. Last October, when Juli Briskman was out for a bicycle ride in Sterling, Virginia, and the motorcade of the Duffer-in-Chief passed her on the road on their way back from yet another weekend on the links, Ms. Briskman exercised her rights as well as herself by flipping off the Duffer and his motorcade. Her gesture was every bit an expression of American freedom as the “thumbs up” gesture the Duffer favors using, or even the one where he points to the person next to him in an awkward and strange display of his dominance.
Ms. Briskman is now suing her former employer, Akima, a federal contractor in the facilities maintenance business, for unlawful termination in order to collect legal fees and the severance pay they promised, but never gave her. Akima’s management used the excuse of an obscene social media posting by Ms. Briskman to fire her, because she posted the photo of herself flipping off the president’s motorcade after it had already circulated widely through the news media. She was making a political statement on her own time when she flipped off El Presidente, and she posted the picture on her personal social media account, with no reference to the company she worked for, yet the Akima bosses saw fit to throw her under the bus once it became widely known she worked for them, a federal contractor seemingly at the mercy of the whims of El Presidente.
The Women’s March on January 21, 2017, in Washington, D.C., one day after the installment of Spanky the Pussy Grabber in the Oval Office. Photo by Liz Lemon.
It’s unfortunate Ms. Briskman lost her job over her political statement, though considering how Akima management reacted it is perhaps best for her in the long run to get away from those people. What’s particularly interesting about the lawsuit she is bringing against them is the effect it may have on employers’ control over their employees lives outside of work. There has been a trend toward companies’ monitoring of employees’ social media accounts, and whether the companies or the public disapproves of any individual’s social media postings or political activity outside of work should be immaterial under the First Amendment to the Constitution. It is worth noting the irony that the Supreme Court, with its 2010 decision in Citizens United, upheld the notion that the political campaign expenditures of corporations qualify as free speech, with protection under the First Amendment, yet there has been no Supreme Court ruling on the broad capacity of corporations to intimidate their employees when it comes to the employees expressing themselves freely on their own time.
People are free of course not to work for such corporations, just as they are free not to work for a corporation like Sinclair Broadcasting, which forces its employees to spout the company line over the airwaves on the company’s time, whether they agree with it or not. The problem comes when these companies acquire undue influence throughout their particular industry, and can then effectively blackball not only dissent, but the dissenters as well. That’s where the courts are supposed to step in to protect the rights of individuals, the rights that are codified in many laws from the Constitution’s Bill of Rights on down to state laws against discrimination and unequal treatment of all sorts. But it’s expensive to fight large corporations in court. The corporations know that, and they will often act in that case in what they perceive as their own best interest, letting the legal chips fall where they may, which often as not happens to be in their favor.
A fine display of the art of telling someone off in the 1992 film Glengarry Glen Ross, from the play by David Mamet about real estate salesmen, and starring Al Pacino, Kevin Spacey, and Jack Lemmon. Warning: foul language.
There ought to be a better way, and in fact there was a better way at one time. It was called “unions”. Corporations have non-disclosure agreements, arbitration agreements, end-user license agreements, and any number of other agreements in legalese meant to tie up individuals one by one and render them powerless against the mighty corporation with its cadre of lawyers on retainer. An individual such as Juli Briskman has to rely on a GoFundMe campaign in order to go to court to ensure her rights are respected, and to be able to pay the fees of attorneys working on her case as well as necessary household expenses while she looks for a new job. She is actually lucky, in that her case has generated sufficient publicity to get people interested in donating to her cause. Most people have to fight on their own, falling back on scanty resources. Unions, as corrupt and inefficient as some of them were, helped keep corporations in check, and now that the unions are almost entirely gone there is no check remaining on the corporations, not with the government in their pockets, and so now they seek to control every aspect of our lives, economic, social, and political.
— Ed.