Consumer activism and the First Amendment

Consumer activism and the First Amendment

by | Dec 25, 2019 | Uncategorized

42290378 - young couple shopping in a supermarketConsumer activism, which refers to citizens influencing how goods and services are produced, marketed and delivered to consumers, has been around for years. However, the instantaneous nature of digital communications has expedited the ability for consumers to rally support for their causes and persuade companies to change how they do business.

In other words, consumer activism seeks to change how a good or service is created (especially in regards to ethical and environmental issues) through various means of protest, such as boycotting certain businesses/industries, urging others to stop using a product or service, and spending more money on products/services that are sustainably produced in terms of non-wasteful materials and ethical labor standards.

Just as Citizens United v. FEC found that corporations can assert rights to freedom of speech through monetary means, citizens can also “speak” with their consumption habits and preferences. It’s a fascinating phenomenon that many of us have witnessed yet few have consciously thought about when it comes to its effectiveness and consequences for brands and consumers alike.

To uncover the First Amendment underpinnings involved in consumer activism, let’s explore some present-day examples of it in action:

Modern Examples of Consumer Activism

There are countless examples of consumer activism in the U.S. and abroad, including some of these recent events:

  • #DeleteUber (encouraged consumers to delete the ride-sharing app after numerous scandals, such as user data mismanagement and alleged profits from the Trump Administration’s travel ban)
  • #DeleteFacebook (encouraging consumers to get rid of their Facebook profiles in wake of controversies like Cambridge Analytica and countless data breaches)
  • Blizzard Boycott (gamers fleeing the popular video game company after it censored pro-Hong Kong gamers on its live streams and in its competitions)
  • Zara fur ban (the company eliminated all animal fur products from its stores in wake of pro-animal activists’ complaints)

Is Consumer Activism Effective?

Just as early American colonists effectively initiated a revolution with the Boston Tea Party (which involved a boycott of British tea after the government monopolized the tea industry in the thirteen colonies through lowered taxes on British East India Company goods), consumer boycotts are often effective nowadays as well.

As consumers express their demands through their purchasing decisions, companies are forced to adapt to changing preferences in the market. Activists have successfully persuaded numerous companies to adopt more environmentally sustainable manufacturing practices (using more eco-friendly, recyclable materials) and advocated for fairer labor practices and higher wages for workers both in the U.S. and abroad.

Consumer activism isn’t always successful, but it’s nevertheless an important trend that aligns closely with the freedoms of speech and petition outlined in the First Amendment of the Constitution.

Spotting fake news: A simple guide

Spotting fake news: A simple guide

by | Dec 11, 2019 | Uncategorized

98035653_MFake news has been around for some time, but it’s been brought to light recently in the context of the 2016 presidential election. But the reality is that — to some extent — misinformation has been around since the beginning.

Social media is perhaps the most egregious venue today, since it has the ability to transmit and amplify information quicker than when we could share information only person to person. This makes it even more important to be vigilant when consuming information online so we can avoid falling prey to false or misleading information and perpetuating it.

Here’s how to do you due diligence:

Check the source.
What is the URL? Some fake news sites will try to spoof credible ones, using a similar URL and logo. For example, ABC News could appears as abc-news.com with a similar logo, to trick people into engaging. Also, look at the website’s “Contact” and “About Us” pages. If there’s no editorial contact or the description of their purpose and mission is vague or missing altogether, that could be a sign that the site lacks legitimacy.

When in doubt, do a quick Google search of the website. Is there a history of bad press about the source? Some sites have been outed as venues for foreign governments to intervene in our elections.

Dive deeper.
Sometimes bad actors will use outrageous headlines to grab attention and drive traffic.. Before sharing any piece of content, read the piece in its entirety. Does the article have a byline? If so, does the author have a track record of content? Did the writer interview reputable sources and include direct quotes and links to supporting information? Is the writing clean or is it chock full of errors? All of this matters, because legitimate journalists conduct themselves in a legitimate manner, while trolls aren’t concerned with following journalistic standards and practices.

Look at the big picture.
If you’re on the fence about the credibility of a source, do some research. Are other outlets reporting on the same matter? Do you see recurring themes as far as the facts being reported? People or organizations with malicious intentions will create their own narrative and it’s usually not supported by other accounts.

In short, the Era of Fake News requires critical thinking. Everyone could stand to be more cautious about their approach to media consumption. How do you ensure you’re not engaging in fake news? Share your tips on our Facebook Page.

Back to school: A primer on First Amendment rights in the classroom

Back to school: A primer on First Amendment rights in the classroom

by | Nov 27, 2019 | Uncategorized

38312007 - cute pupils running down the hall at the elementary schoolThe First Amendment applies to many areas of civilian life, including our educational systems. For example, the courts have recognized that students are guaranteed rights prescribed by the First Amendment.

However, it wasn’t always this way. As our country evolved so did its laws. When adopted in 1791, the First Amendment applied only to Congress and the federal government. So when the public school system was formalized in the 19th century, students could not make First Amendment claims.

This censorship lasted into the 20th century. In fact, the Wisconsin Supreme Court ruled that school officials could take punitive action against two students who had an unflattering poem published in the local newspaper. Why was this permitted? According to the court, “such power is essential to the preservation of order, decency, decorum, and good government in the public schools.” What followed was a dangerous precedent. For example, In 1915, the California Court of Appeals ruled that school officials could suspend a student for challenging the administration.

The 1940s brought some fresh air with the flag-salute case of West Virginia v. Barnette. It was then that the U.S. Supreme Court explicitly extended First Amendment protection to students attending public schools. The Barnette case was rooted in religious freedom. Several students who were Jehovah’s Witnesses refused to salute the flag because their faith discourages them from showing allegiance to any worldly government.

School officials chastised the students and their parents. The students then sued, claiming a violation of their First Amendment rights. This time, the court ruled in the students’ favor, holding that the free speech and free exercise of religion provisions of the First Amendment guarantee the right of students to be excused from this exercise on the account of religious beliefs.

There are more recent cases of violations of free speech in a school setting. Earlier this month, the ACLU sued the Smith County School System in Tennessee because according to the organization, “school officials regularly incorporate prayer into school events and preach to students in violation of the separation of church and state.”

Public schools should be vehicles for education, not religious indoctrination. That’s why we continue to fight for First Amendment rights in and outside the classroom. Will you join us?

November 2019 Newsletter

November 2019 Newsletter

by | Nov 21, 2019 | Newsletter

FAV Faithful,

As we approach #GivingTuesday and the final month of 2019, I would like to remind you why it is so important we lead the charge to protect the space for civil disagreement and other first amendment freedoms. These are not esoteric ideas that the Founding Fathers developed over two hundred years ago with no contemporary relevance. Every day, we see attacks against religious freedom, freedom of the press, and free expression. I want to take a moment to highlight a current issue trending around the world that has a significant impact on the United States if we sit on the sidelines and do nothing.

Repressive regimes in other countries routinely suppress the free expression of their people. You might want to wash your hands of that problem if you believe that it is up to the people to resolve their own challenges. Many agree with that position. However, what should you do when a foreign power attempts to limit freedom of expression here in the United States? If you are like me, a passionate advocate of the principles embodied within the Constitution, then you might want to challenge foreign government interference in our democratic way of life.

You may recall the recent efforts by the Chinese government to modify the NBA’s statements about the protests in Hong Kong. This is not new for other countries to attempt to limit American free expression by employing corporate interests. In 1980 the government of Saudi Arabia attempted to prevent a British documentary, Death of a Princess, from being aired on PBS. Fortunately, most PBS stations aired the program despite Exxon’s attempts to sway their decision. Exxon had sponsored PBS’ Masterpiece Theater since 1971 and was the largest corporate sponsor at the time and would go on to be the largest corporate sponsor in the history of public television, contributing over $250 million over 32 years. Thus, you could see that the firm might be able to sway PBS’ decision on whether to air a film that could impact business interests. PBS, to their credit, aired the documentary at the time. However, if you haven’t ever seen the film, you might be surprised to find that you also missed the 25th anniversary of its showing in 2005 and can no longer watch it. It has aired twice in the U.S. and only once in Britain, where similar corporate interests attempted to prevent the showing on British television.

Saudi has not limited attempts to stifle free expression to America. They are most aggressive against Saudi citizens routinely bullying them on social media and going so far as to cut Jamal Khashoggi into little pieces in their embassy in Turkey, causing an international outcry. They have also attempted to pressure Qatar to shut down Al Jazeera, a dominant news organization in the Middle East.

Of course, these infringements on basic freedoms are not new. We see examples across the world like currently in Iraq, which is an assault on free assembly and expression. Snipers, allegedly trained by Iran, have consistently been targeting protesters who are simply calling attention to a gross lack of possibilities for jobs and basic services while government leaders enjoy the comforts of luxury all provided by oil wealth. We see less egregious cases in the United States with conservative college students feeling constrained in their ability to voice their opinions or journalists fearing for their own safety from overzealous Trump supporters. While the scale and effectiveness of the domestic attacks may seem minor to some, we cannot allow the erosion of essential freedoms, fundamental human rights, to be walked back. Only U.S. citizens can defend the freedoms. Take a stand today and help FAV advocate and educate on the issues.

With much gratitude,

Steve & the FAV Team

In the News

How 3 Teachers Took on the Civics Gap—NEA Today—this is a great story on teaching civics in the classroom and how innovative teachers can make a difference in student learning.

Thank you to special advisor, Ed Lowry, who submitted this article that describes attributes for civic engagement: Fast Times at Capitalism High — What Young People Need to Thrive – InsideSources

Studies Released: Tools to fight disinformation

From RAND—People have access to more information than ever before. But it can still be hard to distinguish accurate information from low-quality or false content. That’s why RAND created a database of tools aimed at fighting the spread of disinformation online. These include websites run by human fact-checkers, apps that use artificial intelligence to detect bots, and games that teach players how to spot disinformation. The database is part of our Countering Truth Decay initiative, which aims to restore the role of facts and analysis in American public life.Explore the database »

Giving Tuesday

We have made tremendous strides this year in creating forums to allow for civil discourse and understanding around first amendment freedoms. Help us continue to make a difference in our diverse communities across the nation.

$1,000 offers … covers two coffee talks, two VIP tickets, recognition at reception

            $500 offers … sustaining member covers the cost of one local coffee talk, free VIP ticket

            $250 offers … allows purchase of campus advocacy kit – list materials

            $100 offers … support local delegate kit – business cards, other promotional materials

            $50 offers … allows free student or veteran attendance at Symposium

            $25 offers … basic membership includes special invites & discounts at Symposium

            Can’t donate today? – sign up for our free newsletter to learn more about FAV impact

FAV is proud to announce we achieved the Bronze Seal of Transparency from Guidestar already this year. Please consider contributing to FAV as part of your end of year giving.

Upcoming Events

Coming up in DC – 5 December, Times Talks – Women of the 116th Congress

This bi-partisan discussion takes place at the Newseum. Tickets cost $25, get them HERE 

San Clemente, CA – January 15 in combination with the i5 Freedom Network. “Should Prostitution Be Legal?”

San Clemente, CA – February 29, Difficult Conversations Workshop – Save the Date

3 little-known obstacles to students’ voting rights in the U.S.

3 little-known obstacles to students’ voting rights in the U.S.

by | Nov 13, 2019 | Uncategorized

38646453_MThere is a long history of voter suppression for various groups in the United States, with the most common examples being African Americans and women. Although these groups have since obtained the right to vote through the 15th and 19th Amendments respectively, there still exist barriers to voting for other groups, such as convicted felons, mentally disabled individuals, elderly folks without the means to obtain new ID cards and/or go to the polls, and even college students.

As the Pacific Standard argued in a December 2018 article, access to voting is one of the most important issues related to freedom of speech in a democratic society, yet we rarely discuss possible strategies for removing barriers to voting access. In regards to college students specifically, what’s preventing them from voting? Let’s unpack this little-known issue further:

Lack of Poll Accessibility

As the New York Times reported in October 2019, more and more states and municipalities are imposing restrictions on college students’ access to polls. For example, the Texas Legislature recently outlawed polling locations that don’t stay open for the entirety of the early voting period (12 days), which effectively banned on-campus polls that could only operate for some of that voting period due to funding and other resource scarcity.

Other restrictions that currently hinder the accessibility to voting rights for college students include poll parking requirements (some states – like Florida – have required polling locations to have a set number of non-permit parking spaces available) and limited/no access to early voting options.

It’s incredibly important for polls to have a presence on college campuses because students with limited access to transportation are already on campus for their classes, which presents a timely opportunity to cast their vote. Although the misconception that young people don’t vote continues to persist – despite youth turnout in 2018 being the highest it’s ever been in 25 years – college students nevertheless deserve access to polls, just like any other American citizen.

Complicated Residency Issues

For out-of-state college students, residency is difficult to establish for both financial aid and voting. Some states prohibit the use of out-of-state driver’s licenses as valid forms of ID for voting, while other states forbid the use of student ID cards as valid forms of ID for voting purposes. This means that out-of-state students may be unable to vote in the place they currently live and they’re physically unable to go home and vote in their hometowns.

Valid Voter ID Requirements

Speaking of voter ID requirements, obtaining a new ID card can be a logistical and financial challenge for many college students, regardless of their state of residency. If they don’t have a valid driver’s license from the state they attend college in, they may have to fork over more money to obtain a new form of identification just to ensure access to the polls.

For some students however, this process is too inconvenient, too costly and too time-consuming, so they end up not voting at all.

In the U.S., we should not prevent citizens from voting simply because they do not have the means to get to the polls and/or the financial means to obtain a valid form of ID. The same is true for college students: if they want to cast a vote, why shouldn’t we be helping them express themselves through the most democratic form of free speech we have in this country?