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First of all, as a First Amendment purist, I realize I'm definitely in the minority on this topic here. I want to hear what people are thinking and who agrees with them. So if they say something "offensive", that's fine with me, it tells me a lot about them.
Also, I'd rather change hearts & minds rather than intimidate people into silence by threatening their jobs or calling them names like "racist" or "homophobe" when they say something less than complimentary about someone.
So, with that said, I have two questions:
1. What is your goal by intimidating people into not saying what they're thinking? What's the big picture here?
2. Do you see any kind of downside to this approach?
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Your first question is moot, as no one advocates intimidating people into not saying what they're thinking, thus question two is moot as well.
Remember also that the First Amendment applies only to the public sector, such as government law and policy making entities; that a private entity might admonish someone for expressing his racist views does not constitute a violation of free expression.
Indeed, this is why there is no such thing as political correctness to begin with.
If Congress were to enact a Federal law, for example, or a state government a state law, making it illegal to say the word ******, punishable by fine or imprisonment, then such a measure would clearly be offensive to the First Amendment, and invalidated accordingly.
Late last year Justice Kennedy gave an address concerning the Constitution and democracy, where he referred to the
Constitution with an upper case C, and the
constitution with a lower case c. The former of course deals with the law of the land, the case law that jurists debate and use to make rulings on conflicts and controversies that come before them in the courts. The latter, however, refers to our free and open democracy, where the people are at liberty to discuss conflicts and controversies of the day free from interference by the government and courts, and where the people are at liberty to come to a resolution as to these conflicts and controversies.
As a conservative Justice Kennedy would rather national conflicts and controversies be addressed in the context of the
constitution with a lower case c, without the need to make issues political, where national conflicts and controversies eventually, and needlessly, end up in the courts.
If Justice Kennedy is correct in his view of the
constitution, which I believe he is, then our free and democratic society is at liberty to come to a resolution as to what is and is not appropriate concerning what individuals say and what they do, where these resolutions manifest neither intimidation nor political correctness.
And in the end employers will always be at liberty to terminate the employment of someone who says something inappropriate. We can seek to change hearts & minds of employers to be more accommodating of their employees personal opinions, but theyll retain that right regardless.