TAMPA, December 20, 2013 – Immediately after A&E put Duck Dynasty star Phil Robertson “on hiatus,” the blogosphere exploded with reactions. Liberals decry Robertson’s alleged bigotry. Conservatives defended his right to free speech and freedom of religion.
99% of the commentary is wrong, of course. First, Robertson’s comments were not bigoted. Robertson merely quotes the Bible on homosexuality. He then says that it is not for humans to judge anyone. That is reserved for God.
You can’t be prejudiced if you don’t judge. He believes homosexuality is a sin, but nowhere does he indicate that anyone should be treated differently, either by the law or by individuals, because they are homosexual.
This has nothing to do with freedom of speech or religion, either. Those principles relate to government suppression of speech and religion. The government hasn’t threatened Robertson.
In fact, A&E’s response was the textbook libertarian answer to this kind of dispute. A&E’s management, representing the stockholders, exercised their own right to freedom of association. They have a right to terminate their business relationship with Robertson for any reason, provided it does not violate the contract they signed with him.
The other cast members have now released a statement implying they won’t do the show without Phil. The statement indicates that they are negotiating with A&E on what the future of the show may be.
It’s possible that the show will be canceled. Or, A&E might back down. Most likely, a compromise will be reached where the show goes on, Phil Robertson makes a public statement expressing regret for offending anyone, but standing by his Christian faith, and A&E welcomes him back on condition he doesn’t make public statements on this subject in the future.
Does anyone notice anything missing from these scenarios?
If you said “the government,” you’re correct. If this little media drama has proven anything so far, it is how unnecessary government is in resolving issues of racism or bigotry. The market does just fine.
It would do better if Titles II and VII of the Civil Rights Act were repealed.
Most of the Act prohibited discrimination based upon race, color, religion or national origin in either state or federal governments. There are legitimate constitutional concerns about giving the federal government these powers over the states, but even most libertarians aren’t losing much sleep. If ever there was a place to compromise strict constitutional principles, prohibiting bigotry in government is it.
Titles II and VII of the Act are another story. In those, the federal government is given power over the personal choices of the individual. Title II prohibited private business owners from discriminating in hotels, motels, restaurants, theaters, and “all other public accommodations engaged in interstate commerce.” Title VII prohibited employers from so discriminating.
This redefined the very idea of private property. No longer could individuals “dispose of their persons or possessions as they saw fit,” as Locke would put it. In effect, the government made itself part owner of all private property.
One does not have to be a racist or a bigot to be concerned. The response at the time was that American culture was so deeply ingrained with prejudice, especially towards blacks, that only the government’s heavy hand could solve the problem.
There are certainly cracks in that theory. For example, if there weren’t private business owners in the south who wanted to serve blacks, then why did they have to make it illegal to do so?
Questions only libertarians think to ask.
In any case, this is 2013, not 1964. The power given to the federal government isn’t necessary now, if it ever was. The Duck Dynasty incident proves that. Voluntary contracts will resolve that dispute and consumers will reward or punish that resolution with their decisions to watch or boycott.
Like all government solutions, the Civil Rights Act has largely achieved results opposite of its intentions. Affirmative Action spawns resentment against blacks when they get jobs because of their race over more qualified applicants. There is also resentment when the black is more qualified, because the white applicant quite reasonably suspects that race was a factor, even when it wasn’t.
Check black unemployment statistics during the fifty years before and after the Act was passed. The government has defeated black unemployment about as well as it’s made health care more affordable.
The market, if left free, would be an efficient dispatcher of racism. Employers who routinely hired less qualified employees based upon their race would soon find themselves outperformed by firms that hired purely based upon ability. In business terms, racism would be rendered extinct.
The same would hold for hotels, restaurants and other private firms that serve the public, in terms of their decisions of which customers to serve.
Not convinced? Here is a wager. Repeal Titles II and VII of the Civil Rights Act and allow individuals to make personal decisions based upon whatever values they hold. In the unlikely event that someone puts up a “Whites Only” sign on a restaurant, this writer – likely the worst restaurateur on the planet – will open for business across the street the very next week. My sign will say “Everybody Welcome.”
We’ll see who is still in business a month after that.
Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.
TAMPA, December 18, 2013 – There has already been a lot said about Pope Francis’ EVANGELII GAUDIUM, in which he is critical of free markets. Reactions by Christian proponents of capitalism have ranged from respectful disagreement to full-on denial that he was critical of the market at all.
TAMPA, December 17, 2013 – A federal judge’s ruling Monday confirmed what a majority of Americans already knew. The National Security Agency’s indiscriminate gathering of data on every phone call made in the United States is unconstitutional. Calling the government’s data gathering technology “almost Orwellian,” Judge Richard Leon said that James Madison would be “aghast” if he knew the government was encroaching upon liberty in such a way.
TAMPA, December 13, 2013 – The Washington Post is at it again. Days before the one year anniversary of the murders at Sandy Hook, the Post is running another piece asking readers “What’s your gun number? Share your gun story.”
TAMPA, December 11, 2013 — For twelve years, the Bush and Obama Administrations have promoted a narrative about the War on Terror. It has changed slightly in superficial ways, as when President Obama gave it a new name, but the crux of the narrative has not changed. The United States is fighting a war against a worldwide terrorist organization called al-Qaeda, formerly headed by über-terrorist Osama bin Laden.
TAMPA, December 5, 2013 — There has been predictable bluster about President Obama signing a deal with five other nations to begin the process of lifting sanctions on Iran in exchange for commitments by Iran not to develop nuclear weapons. Neoconservatives have howled that it abandons U.S. ally Israel and endangers the entire planet.
TAMPA, Fla., November 27, 2013 — Tomorrow is Thanksgiving Day and millions of schoolchildren couldn’t be happier. Not only will they have a fantastic meal on Thursday, but they get a mini-vacation from school. For at least the past week, they’ve been cutting Pilgrim hats and Native American headdresses out of crepe paper and listening to stories about the Pilgrims’ first few years in Plymouth Plantation.
TAMPA, November 17, 2013 – In a desperate attempt to diffuse criticism of his administration over the Affordable Care Act (“Obamacare”), President Obama has once again broken new constitutional ground.
TAMPA, October 26, 2013 – Conservatives are confused again, rejoicing in Obamacare’s early operational struggles. One would think that their only objection to the legislation has been that the Democrats wouldn’t run it efficiently. Maybe it was. After all, the Republicans ran a candidate against Obama that had implemented virtually the same program in Massachusetts, promising only to “repeal and replace.”
TAMPA, October 28, 2013 – President Obama won a temporary victory in his standoff with House Republicans over funding the government and raising the debt ceiling. He signed a continuing resolution to reopen the government without conceding anything on his signature legislation, the Affordable Care Act. But continuing resolutions are temporary and this issue is far from settled.