Hate This

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."


That, ladies and gentlemen, is the First Amendment. I thought it would be a good place to start today's post. I have a little story to share with you and then I'd like your thoughts. Here goes:


As you know, I blog for the Women's Rights section of Change.org. Last month, I posted a piece about a person selling rape "congratulations" cards on Etsy, an online marketplace for handmade goods. That person also made cards that mocked breast cancer and parents of children with Down Syndrome. After reviewing Etsy's own Terms of Use, I felt that the cards should be taken down and created a petition to that effect. 


Normally, when a post goes live, I get feedback, good and bad. People comment on the post itself, leave messages on my Change.org profile, and email me privately. Sure, it can get mean and/or illogical, but all in all, I am just happy people are talking. Talking about things is good, right?


This time, things are different. More extreme. In the last 24 hours, I have received hundreds of comments and messages attacking me. Why? Because I apparently am an enemy of free speech. You see, asking a private company to decide that a particular product doesn't fit their mission and violates their own usage agreement is a violation of the first amendment. At least, that's what I am told.


I've said it before and I'll say it again: I don't think the First Amendment means what you think it means.


You have the right to non-harmful speech. This Etsy user has the right to make the most offensive cards he can dream up. I wouldn't dare stop him. However, you do not have the right to sell your goods any which place you choose. That's insane. How does freedom of speech compel stores to sell products they don't want? Oh, right, it doesn't. 


Because she said it so well, I am going to quote the brilliant Kate Jenkins (via Facebook) here:

Ugh, "free speech" is the number one way to derail a conversation. It is such a tired trope! Were it the government trying to regulate the content of greeting cards, sure, pull in the free speech issue. Etsy is a private organization with rights of free association (oh, same amendment, look at that), and by such a right, has a right to regulate the content of the stores on their website. You were asking Etsy, not the federal government, to remove speech that could qualify as offensive speech according to the terms of service of Etsy (though it could qualify as offensive speech under certain circumstances in the law as well - think of a rapist or abuser sending this to his/her victims). Plus your right to free speech ends when it harms another; yelling "Fire!" in a crowded theater isn't protected speech.

Exactly. Further, much of the feedback I am getting is demanding I remove my blog post and petition. Irony, meet Crazy Internet People. I don't think you've met. You think it is wrong that I ask a company to take something off their website so you want my company to remove something from its site. Okaaaaaaaay.


It may be odd, but I don't mind the personal insults (including such original zingers as "Fuck you" and "Fuck yourself" and the ever-popular "Un-American" and "You're what's wrong with America"); What I mind is this righteous indignation of people defending an amendment they clearly don't understand. These are the same people who thought criticizing Dr. Laura for being a racist was somehow a violation of her rights. 


I never expect everyone to agree with me. I don't think you should be a blogger if you do. But for the love of god, can you please make sure you understand the very law you claim to love so much before using it as a weapon against me? 


I have an idea: creating the official Foxy by Nature t-shirt. On the front it will say: "The First Amendment: I don't think it means what you think it means" and on the back it will have the actual wording. We'll change the world one t-shirt at a time!


Ok, now it is your turn. Thoughts?