Alex Jones, The NFL and Freedom of Speech

The conservative world – or at least the right-wing world – was rocked this week with the news that Facebook, Apple and Spotify would ban Jones and his Infowars podcasts from their sites. Much of the right-wing reaction has focused on the question of freedom of speech and whether the internet giants have a duty to provide access to Jones’ conspiratorial ramblings.

The crux of the issue is that Facebook and the other companies are private entities. Because they are not part of the government, the First Amendment does not apply. The First Amendment only protects freedom of speech from being infringed upon by Congress, not private corporations.

In Facebook’s case, the waters are muddied by CEO Mark Zuckerberg’s claims that the social media giant is “a platform for all ideas” and that he is trying to “root out” bias in the company. If the company truly welcomes all ideas, then it should allow Jones to post his ideas, as reprehensible as they are, unless he violates the site’s terms of service.

Facebook should also set an objective standard to determine what is and isn’t “hate speech” and “bullying,” the vague terms that were used to justify Jones ouster from the site. The standards should be applied to both sides of the political spectrum. The list of political leftists who use hate speech is long and filled with people who are rarely held accountable for their words. Sarah Jeong is only the most recent example.

If freedom of speech is endangered by the left, many on the right are happy to attack the free speech rights of their political opponents as well. The most glaring example is the NFL kneeling controversy. President Trump overstepped his authority last year by calling on NFL team owners to fire players who kneeled to protest during the National Anthem. Many conservatives supported the president without stopping to think that the NFL, like Facebook, is a private organization.

In either case, the appropriate action for people who disagree with how the owners of Facebook and the NFL run their businesses would be to fire them. No one is forced to have a Facebook account or watch the NFL. If enough people vote with their wallets and stop sending their money to leftist companies, these policies may eventually change. The one thing that conservatives should agree on is that the government should not tell private companies how to run their business or what they should allow.

Unfortunately, that is not the case. Both sides seem perfectly willing to abridge the free speech rights of their political opponents. That includes many on Republicans who consider the media “fake news.” A new Ipsos poll found that a plurality of Republicans, 43 percent, believe that “the president should have the authority to close news outlets engaged in bad behavior.”

The idea that Big Government should referee the freedoms of speech and press is not new to the left, but should be an anathema to small government conservatives. At the very least, Republicans in favor of restricting speech should be aware that the government’s powers of censorship would almost certainly be turned against conservative outlets – or conspiracy sites like Infowars - by the next Democratic administration.

Where Voltaire famously said, “I disapprove of what you say, but I will defend to the death your right to say it.” Modern Americans of all political stripes say, “What you say offends me, so you must be silenced.” The First Amendment applies to me, but not you.

Justice Louis Brandeis had a better idea. Noting that “Those who won our independence were not cowards” who feared political speech, Brandeis said that, for the problem of dangerous and evil speech, the “remedy to be applied is more speech, not enforced silence.” That’s a solution that all Americans should get behind.

Originally published on The ResurgentAlex Jones

Schools Ban Anthem Protests

As the NFL begins to pay the price in popularity and falling ticket sales for the spreading anthem protests, some high schools and colleges are taking action to prevent their athletes from following in the footsteps of the professional players. Some schools are emphasizing existing policies that prohibit players from taking a knee during the national anthem as well as instituting new bans on the protest.

The Daily Wire notes that at least three schools around the country have released statements that point out that school policy prohibits players from kneeling during the anthem. While the Daily Wire says that the schools are instituting bans on taking a knee, statements from some of the schools point out that the policies are not new.

Colorado Christian University released a statement that said, “The University athletic department has always required our student athletes and coaches to stand respectfully for any pre-game or post-game prayers, as well as for the National Anthem. Contrary to several reports, this is not a new position.”

The superintendent of Manatee County schools in Florida, Jason Montgomery, sent an email to schools in his district pointing out that both federal and state laws mandate that students stand for the Pledge of Allegiance and the National Anthem. Montgomery wrote, “The Code of Student Conduct complies with all statutory requirements that include requiring a student to stand for the Pledge of Allegiance and the National Anthem, unless excused in writing by a parent.”

Some schools are setting new policies in response to the controversy. In Louisiana, Parkway High School Principal Waylon Bates said in a letter to students and parents that “the Louisiana High School Athletic Association allows school principals to make decisions regarding student participation in the National Anthem.” Bates instructs his students and faculty to “stand in a respectful manner throughout the National Anthem” and warns that “failure to comply will result in loss of playing time and/or participation” and even “removal from the team.”

The First Amendment protects Americans from attacks on freedom of speech and expression by the government, not private employers. Private companies can take action against employees who exercise their First Amendment rights even though the government cannot.

The NFL is a private organization with its own rules. If the NFL quashed the anthem protests, it would not be a violation of the First Amendment. In spite of internet rumors, the NFL does not have a rule requiring players to stand for the National Anthem. If it did, the government would have no legal standing to require the organization to enforce such a rule.

The Constitution does protect the right to protest from government interference. The Supreme Court has even protected the act of burning the flag under the First Amendment. When President Trump urges the NFL to fire players who take a knee during the National Anthem, using the power of the “bully pulpit” to attempt to limit free speech, he comes close to a violation of the First Amendment.

Ironically, schools may have a more difficult time banning the anthem protests than the NFL. Public schools are government entities and school policies are limited by the First Amendment. The Supreme Court has repeatedly ruled that students do not give up their free speech rights when they enter a school, but that schools do have the right to limit actions that disrupt the educational process. A public school might well lose a lawsuit over a kneeling ban.

Americans seem to understand this balanced view of protest and respect for the flag. The Seton Hall Sports Poll found that 49 percent of respondents thought that NFL players had a right to protest, but also thought that they should stand for the National Anthem.

As the controversy continues, schools and professional sports organizations will be challenged to find a balance between these opposing viewpoints. While the initial reaction of schools may be to institute bans on taking a knee, such policies may not be a quick resolution to the issue.

Originally published on The Resurgent