July 25, 2012
THE NEW MCCARTHYISM: Eugene Volokh: No Building Permits for Opponent of Same-Sex Marriage. “But denying a private business permits because of such speech by its owner is a blatant First Amendment violation. Even when it comes to government contracting — where the government is choosing how to spend government money — the government generally may not discriminate based on the contractor’s speech, see Board of County Commissioners v. Umbehr (1996). It is even clearer that the government may not make decisions about how people will be allowed to use their own property based on the speaker’s past speech.”
These people don’t care about the Constitution. It’s about power.