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Judge says businesses can discriminate so long as they write about it on Facebook

In what can charitably be described as an idiosyncratic reading of the First Amendment, a George W. Bush-appointed federal judge in western Michigan held that businesses can discriminate against LGBTQ customers so long as they explain why they did so on Facebook.

Prior to Judge Paul Maloney’s Friday opinion in Country Mill Farms v. City of East Lansing, it was well understood that the First Amendment does not protect business owners who post signs announcing “blacks need not apply” or “we don’t serve women here.” As the Supreme Court once explained in a related case, “discrimination in employment is not only commercial activity, it is illegal commercial activity,” and “we have no doubt that a newspaper constitutionally could be forbidden to publish a want ad proposing a sale of narcotics or soliciting prostitutes.” …

This post is from ThinkProgress. Click here to read the full text

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