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View Poll Results: How do you weigh in on this? The airline...
can take or leave anyone they want, and have no obligation to "free speech" as a business. 42 31.34%
is justified because they could be responsible for their passengers' exposure to it. 12 8.96%
is enforcing a made-up rule, no one complained, and it shouldn't have happened. 23 17.16%
is within their right, but should respect free speech more than that. 27 20.15%
can go fly a kite, they're not getting my money for such a display. 17 12.69%
-- Why is this news? Who cares? -- 13 9.70%
Voters: 134. You may not vote on this poll

 
 
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Old 10-20-2005, 11:07 AM   #81 (permalink)
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Quote:
Originally Posted by AquaFox
i would have had that lady escorted out of the airport.... out of common sense and decency, people should be smart enough to not wear that.... and i don't see anything wrong with a private business preventing her from boarding! i've been to tons of places that would prevent entry to people like that.... in public, you shouldn't even be allowed to wear profane shirts, think of the kids! she might just as well go flash some 1st graders

i know i wouldn't let her into any venue that i own, and if she had a problem with it, i would call the cops and have her arrested
For a person who so emphatically shouts "think of the kids" in such a high-falutin' way, you sure don't seem to give a shit about the freedoms these children are supposed to have, and cherish.

The freedom that allows us to be critical of our government, the freedom that allows us to print newspapers that contain news, not propaganda, the freedom that alllows us to assemble peaceably, to protest, and to practice whatever religion we choose or none at all, is the same freedom granted us to wear a t-shirt that says, "fuck" on it.

You may not like the content, you may not like the message, but you should have more respect for the freedom to say it. Freedoms do not serve to hold, bind, or constrict, they set us free.

If your child is seriously, permanently damaged from having to see the word "meet the fuckers" on a t-shirt, you are a bad parent. You determine their education, you are responsible for the bulk of their wordly experience into their early teens... and if you strangle-hold your children so bad that anything outside the "safety bubble" from reality you've created for them gives them an actual mental problem, YOU are the problem, not the fucking t-shirt.

"Think of the children", indeed.
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Old 10-20-2005, 12:28 PM   #82 (permalink)
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I wonder if Southwest has written policies in view at the airport terminal, ticketing counter or on the ticket itself outlining this policy. If not, I think SW is SOL, and at a BARE minimum owes her a complete refund, including the money from the first leg of the flight.

Sure, it's their right, but it's also their responsibility to inform customers what the rules are.
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Old 10-20-2005, 12:46 PM   #83 (permalink)
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Quote:
Originally Posted by xepherys
I wonder if Southwest has written policies in view at the airport terminal, ticketing counter or on the ticket itself outlining this policy. If not, I think SW is SOL, and at a BARE minimum owes her a complete refund, including the money from the first leg of the flight.

Sure, it's their right, but it's also their responsibility to inform customers what the rules are.
those rules don't need to be written in plain view. there's only a few laws on the books that require such postings and even include what font and size they are required to be in. there's lots of rules that they foist upon their cusmtomers that they don't know about until they read the fine print on the back of their ticket that directs them to their website for a full disclosure statement.


Southwest contract of carriage
http://www.southwest.com/travel_center/coc.pdf

I don't think that there is a sign big enough to have all this information on it.

Quote:
Comfort and Safety - Carrier may refuse to transport or remove from the aircraft at any
point any passenger in the following categories as may be necessary for the comfort or
safety of such passenger or other passengers:
SOUTHWEST AIRLINES CO.
CONTRACT OF CARRIAGE – PASSENGER (SIXTH REVISED)
Page 10
(1) Persons whose conduct is or has been known to be disorderly, abusive, offensive,
threatening, intimidating, or violent, or whose clothing is lewd, obscene, or patently
offensive;
NOTE: Carrier will not refuse to provide transportation to a qualified individual with
a disability solely because the individual’s disability results in appearance or
involuntary behavior that may offend, annoy, or inconvenience crew members or other
passengers.
(2) Persons who are barefoot and over five (5) years of age, unless caused or necessitated
by a disability;
(3) Persons who are unable to occupy a seat with the seat belt fastened;
(4) Persons who are unwilling to comply with seating requirements under Carrier’s
Customer of size policy as specified in Article 15.G;
NOTE: Carrier’s failure to enforce or willingness not to enforce its Customer of size
policy for a passenger traveling on a given flight does not preclude Carrier from
requiring such passenger to purchase two seats on a subsequent flight.
(5) Persons who appear to be intoxicated or under the influence of drugs;
(6) Persons who are known to have a contagious disease;
(7) Persons who refuse to comply with instructions given by Carrier’s Employees or
representatives prohibiting the solicitation of items for sale or purchase, including
airline tickets, passes, or travel award certificates;
(8) Persons who have an offensive odor, except where such condition is the result of a
disability;
(9) Persons who wear or have on or about their persons concealed or unconcealed deadly
or dangerous weapons; provided, however, that Carrier will carry passengers who
meet the qualifications and conditions established in Transportation Security
Administration Regulation, 49 C.F.R. § 1544.219;
(10) Prisoners (i.e., persons charged with or convicted of a crime) under escort of law
enforcement personnel; other persons (i.e., non-prisoners) in the custody of law
enforcement personnel who are being transported while wearing manacles or other
forms of restraint; persons brought into the airport in manacles or other forms of
restraint; persons who have resisted escorts; or escorted persons who express to
Carrier's Employees an objection to being transported on the flight;
SOUTHWEST AIRLINES CO.
CONTRACT OF CARRIAGE – PASSENGER (SIXTH REVISED)
(11) Persons who have misrepresented a condition which becomes evident upon arrival at
the airport, and the condition renders the passenger unacceptable for carriage;
(12) Infants fourteen (14) days of age or younger, unless approved for carriage in writing
by an attending physician; or
(13) Persons who are unwilling or unable to abide with Carrier's non-smoking rules.
The fare of any passenger denied transportation or removed from Carrier’s aircraft enroute
under the provisions of Article 10 will be refunded in accordance with Article 90 of this
Contract of Carriage. The sole recourse of any passenger refused transportation or removed
enroute will be the recovery of the refund value of the unused portion of his or her ticket.
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Old 10-20-2005, 01:23 PM   #84 (permalink)
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Whatever happened to flipping the shirt inside out? they did that to us when we were in school.

I'd agree with docbungle too, that takes a bit of gall to wear that and not expect a reaction of some sorts.
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Old 10-20-2005, 01:25 PM   #85 (permalink)
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Quote:
Originally Posted by serlindsipity
that takes a bit of gall to wear that and not expect a reaction of some sorts.
On the flip side, I think it requires an attention-craving personality to want to wear a shirt like that.
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Old 10-20-2005, 01:33 PM   #86 (permalink)
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Oops... wrong button. Sorry. See post below.

Last edited by cellophanedeity; 10-20-2005 at 01:44 PM..
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Old 10-20-2005, 01:42 PM   #87 (permalink)
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You know what? I think the world would be a better place if we could just ban tacky T-shirts.

No, really, I think it's fair of the airline to kick her off, but not mid flight. I don't think that the ammendments really play into this at all, as it's a private company.

If a person walked into my counseling centre with a shirt like this on,
I'd tell them that they had to come back when they changed their shirt. Would that be against the American first ammendment? (or the Canadian charter?)

How about if I wore this shirt to my weekly scout meeting, where I lead 5-7 year olds? If they kicked me out, would that be against the first ammendment?

Yeah, I know that this is exaggerating things (that website is terrible...) but it's along the same lines.
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Old 10-20-2005, 03:21 PM   #88 (permalink)
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Why do some people think that you are allowed, under freedom of expression, to say and do anything you want in any circumstances. I can't go into a movie and talk all the way through it and not expect to be kicked out. When one person's "freedom of expression" impinges upon the rights of every else to not have to listen or see something offensive (especially in an enclosed environment such as a plane), just what do this dingbat's advocates think is fair?
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Old 10-20-2005, 03:26 PM   #89 (permalink)
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From T-shirt Hell's website, in response to this whole t-shirt thing:



Quote:
Recently a woman was kicked off of a Southwest Airlines flight in Reno after she refused to cover up a T-shirt some considered to be in poor taste. We believe her only crime was purchasing a t-shirt from somewhere other than tshirthell.com

At T-Shirt Hell we are dedicated to protecting the rights and civil liberties of our customers. One of these liberties is freedom of expression, and another equally important one is freedom of travel.

We have decided to make the following offer: if any T-Shirt Hell customer is kicked off of any commercial airline flight simply for wearing one of our shirts, we will provide you with alternate transportation to get you to your original destination. This transportation includes, but is not limited to, the T-Shirt Hell corporate jet.

We will not allow our customers to be intimidated into wearing less interesting clothing, or forced to cover up our shirts. Or even worse, we don’t want our customers to have to remove their shirts and display their pale, flabby midsections and suffer the taunts of the other passengers. T-Shirt Hell customers are supposed to be subjecting the other passengers to ridicule, and not the other way around.

This is not a joke. But by no means should this be construed as a challenge or a contest. We are not trying to encourage anyone to actively or intentionally engage in an attempt to disrupt operations of a commercial flight. Doing that is dangerous, stupid, and against the law. If you get yourself kicked off for being drunk, abusive, belligerent, having poor personal hygiene, or any form of general disorderly conduct you are on your own. If you are reasonable, and courteous, and are refused passage solely for getting up in the morning and putting on your favorite t-shirt, we'll get you alternate transportation, and pick up the tab.


You, the well behaved and considerate passenger that you are, attempt to board a commercial flight wearing one of our shirts. For no reason other than your fashion choice, you are thrown off or not allowed on the flight.

Call our toll free number during normal business hours: (877) 498-3099

Click here to print out our handy wallet card. If we’re not available, leave us a message and somebody will get back to you ASAP.

We will set up, and pay for alternate transportation. We will make every effort to provide same day, private transportation if possible.

CLICK HERE for additional terms and conditions
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Old 10-20-2005, 06:28 PM   #90 (permalink)
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Wow... That's awesome!
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Old 10-20-2005, 09:17 PM   #91 (permalink)
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Quote:
Originally Posted by pigglet
using that argument, you'd have to attend airport 180 days/year until you were 18, and then you'd have to pass a bunch of tests to be able to board and get off the planes.
Apples and oranges, man. Had I claimed that students at public schools should be required to attend class 180 days per year until they were 18 and then have to pass a bunch of tests to graduate because public schools are "heavily subsidized" and "near monopolistic", it would be logical for you to insist that I apply this standard to everything that is "heavily subsidized" and "near monopolistic". But I didn't do that, so your comment doesn't apply to anything I said.

Quote:
Originally Posted by pigglet
public schools already have a rather special place in our society, and a special set of rules, as they are solely for the education of our children, etc. long story short, airports aren't the same thing as school. i can shennanigans.
Schools are solely for education. Airlines are solely for travel. If push came to shove, I'd argue something like this was far more appropriate in a school than on an airplane. It could lead to an exchange of ideas, which can aid the education process. An exchange of ideas isn't necessary to ride on an airplane from one place to another.

Anyway; my point was that if you're going to argue that people on a plane have a right to a certain amount of free speech because airlines are "heavily subsidized" and allegedly "near monopolistic", this should apply to people in any environment that meets this criteria.

Quote:
Originally Posted by pigglet
what i'm saying is that 1. you couldn't throw joe schmoe in jail in most towns for walking down the street wearing a shirt that says "fuck" on it, and i consider airports much closer to that type of public domain than to an expensive italian restaurant.
But a public school isn't public domain?

Quote:
Originally Posted by pigglet
2. even in the towns that have such laws on the books, I would rather that you couldn't throw monsieur de la schmoe in jail. i'd rather err on the side of tolerance, etc etc etc.
I agree. There should be no law prohibiting shirts that say "fuck" on them. Privately owned businesses, however, have every right to implement a dress code on private property.
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Old 10-20-2005, 09:42 PM   #92 (permalink)
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Quote:
Originally Posted by highthief
Why do some people think that you are allowed, under freedom of expression, to say and do anything you want in any circumstances.
Because some people don't seem to understand the concept of individual rights.

Quote:
Originally Posted by highthief
I can't go into a movie and talk all the way through it and not expect to be kicked out.
Exactly. But since a movie theater is a privately owned business, whether or not a talkative customer is allowed to stay should be decided by the owner or manager.

Quote:
Originally Posted by highthief
When one person's "freedom of expression" impinges upon the rights of every else to not have to listen or see something offensive (especially in an enclosed environment such as a plane), just what do this dingbat's advocates think is fair?
We don't have a right to be shielded from everything we may find offensive. When you venture out into public you have to accept the fact that you may see or hear things you don't like.
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Old 10-21-2005, 01:37 AM   #93 (permalink)
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Quote:
Originally Posted by highthief
Why do some people think that you are allowed, under freedom of expression, to say and do anything you want in any circumstances. I can't go into a movie and talk all the way through it and not expect to be kicked out. When one person's "freedom of expression" impinges upon the rights of every else to not have to listen or see something offensive (especially in an enclosed environment such as a plane), just what do this dingbat's advocates think is fair?
You're not forced to "see something offensive in an enclosed environment"... the only thing you can see on a plane is the seat in front of you, or the sides of the people around you. If you can see the shirt someone is wearing, it's because you're walking past them. WALKING PAST THEM. Not camping out and staring at the damn thing. It doesn't burn itself into your retinas... once you look at it, read it, and get your shorts in a bunch, you can look away. It's not like the woman is blocking you from seeing anything you'd otherwise want to see without obstruction of the pure evil emblazoned across her chest.

Going into a movie and talking through it violates the rules of the movie house- which has nothing to do with freedom of speech, only the rules of the private business- so your movie argument is pointless and doesn't apply. Also, according to the above carrier rules, there's nothing in there that covers the reason she was kicked off the plane. Wearing a t-shirt that some- note that is SOME, not all- people might find offensive, is not "being offensive".

So you're suggesting that a major tenet of every good document of civil rights, the freedom of speech, should be amended to disclude "tacky t-shirts" because there are some whiny crybaby dipshits whose lives are thrown into turmoil because they happened to glance at a shirt that said "fuckers" on it? It wasn't just the word for the sake of the word, either. It was political satire and a pun on a pop-culture reference. It wasn't just a shirt that said "fuckers" for the sake of saying "fuckers".

Also, the other shirts you gave as examples with "this is the wrong place to wear X shirt"... if you can't look past satire (just because it's not funny to you, doesn't mean it's not funny)... if anything you dislike is automatically offensive, that is a very closed-minded way to live, and I am disappointed.

What a sad, sad, pathetic existence is that of the person whose universe comes crashing down on them because they chanced to see a dirty word. Boo. "Fuckers". Hoo.

I have to look at feminine hygiene commercials all day. Do I want to? No. But i'm not going to bitch about it, because the world does not revolve around me, and just because I chance to see something I dislike, in passing, I'm not going to have a heart attack, piss my pants, or break down crying.

That's because i'm not a stupid douchebag, like these people.

It should be noted that I can count on one hand the number of times i've ever had to resort to using the word douchebag. I'm THAT bothered by the stupidity of others.
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Old 10-21-2005, 03:03 AM   #94 (permalink)
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Quote:
Exactly. But since a movie theater is a privately owned business, whether or not a talkative customer is allowed to stay should be decided by the owner or manager.
So are airlines. SW is a publicly traded company owned by private investors.

Quote:
We don't have a right to be shielded from everything we may find offensive. When you venture out into public you have to accept the fact that you may see or hear things you don't like.
True, but the movie analogy still holds. People go on a plane (or a theatre or a restaraunt or Disney World) with an expectation of certain societal norms, and that does not include a tee shirt with the word "fuck" on it. Now, a nightclub might not care, but the airline does, and they can do whatever they want. It is not a free speech issue.
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Old 10-21-2005, 03:06 AM   #95 (permalink)
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Quote:
Originally Posted by analog
Going into a movie and talking through it violates the rules of the movie house- which has nothing to do with freedom of speech, only the rules of the private business- so your movie argument is pointless and doesn't apply. Also, according to the above carrier rules, there's nothing in there that covers the reason she was kicked off the plane. Wearing a t-shirt that some- note that is SOME, not all- people might find offensive, is not "being offensive".
(1) Persons whose conduct is or has been known to be disorderly, abusive, offensive,
threatening, intimidating, or violent, or whose clothing is lewd, obscene, or patently
offensive
;

You were saying? It's rule numero uno...
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Old 10-21-2005, 05:52 AM   #96 (permalink)
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Quote:
Originally Posted by Galt
Apples and oranges, man.
that was my entire point. airport does not equal school. my point with the amount of federal $$$ that goes to bail out the airline industry every year is that I find the argument that airlines are private companies to be fallacious if you follow the $$$ trail. they are only "privately" owned because we can't allow them to fall into bankruptcy, because they are a de facto public form of transportation, particularly in the US.

Quote:
An exchange of ideas isn't necessary to ride on an airplane from one place to another.
No, nor is it particulary necessary anywhere. It's not necessary in the street, it's not necessary at the mall, etc. Following this argument, there would be very few places where the exchange of ideas is actually necessary; to argue that freedom of speech only applies in these places will very strictly limit where one can speak freely, no?

Quote:
Anyway; my point was that if you're going to argue that people on a plane have a right to a certain amount of free speech because airlines are "heavily subsidized" and allegedly "near monopolistic", this should apply to people in any environment that meets this criteria.
see above. that's not actually my argument for where I feel freedom of speach should apply, but rather my opinion of the airline industry.



Quote:
But a public school isn't public domain?
yes, and it's rather different from a lot of other areas.


Quote:
I agree. There should be no law prohibiting shirts that say "fuck" on them. Privately owned businesses, however, have every right to implement a dress code on private property.
what other rights do private businesses have? what other rights should they have. i think it's important to separate those aspects that are my opinion of what i would prefer, and which aspects are legally binding, which i think is covered in above posts.
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Old 10-21-2005, 06:20 AM   #97 (permalink)
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Quote:
Originally Posted by pigglet
that was my entire point. airport does not equal school. my point with the amount of federal $$$ that goes to bail out the airline industry every year is that I find the argument that airlines are private companies to be fallacious if you follow the $$$ trail. they are only "privately" owned because we can't allow them to fall into bankruptcy, because they are a de facto public form of transportation, particularly in the US.


The government offers subsidies to farmers, mining operations, forestry concerns, the arts, and a million other things. Are these government operations also? What about contractors who receive government dollars to build bridges, roads and other infrastructure projects?
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Old 10-21-2005, 06:29 AM   #98 (permalink)
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Quote:
Originally Posted by highthief
The government offers subsidies to farmers, mining operations, forestry concerns, the arts, and a million other things. Are these government operations also? What about contractors who receive government dollars to build bridges, roads and other infrastructure projects?
in my opinion, that's an interesting point. always makes me laugh a little when people talk about what you can and can't do in a "private" business. similar issues with land "ownership" and so forth. also, note that i didn't say "government operation" (your phrasing) but "public domain."
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Old 10-21-2005, 06:34 AM   #99 (permalink)
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I might have missed something in the list here, cause I got kind of tired of reading the revolving door of comments somewhere down page 2.

However, I wanted to point out that there is a very common practice of businesses turning away customers based on dress code. Has everyone forgotten about the whole "suitcoat" in a restaurant situation? Now, I've always thought this was a very silly practice, but still it goes on. Usually though, the way around it is that the restaurant often will kindly offer someone a jacket to wear during the meal, barring the rest of their attire fits within the guidelines (no shorts, tennis shoes, sandals, t-shirts, etc.).

No matter what is on the clothing, the principle here is the same. The business has the right to refuse the business. Now, of course, if they let you get half way through with your meal,then came to you and told you to leave, it would be a bit asinine. However, EVEN then, they would have that right. It might not be smart for them to act upon that right for the obviously good reason of maintaining a professional business atmosphere, but alas, they could do so if they wished.

That said, the women seemed stupid to me. She was asking for a reaction from someone. She got it. She should deal with it. She felt she was treated unfairly, and because she caused a media sensation, she'll probably get a settlement out of Soutwest. Yay, go her. Another fine example of how damaging our damn media driven culture is to our values of right and wrong.

At Southwest, the people gathering tickets are doing their best just to get you on the plane as fast as possible. There were probably other ways for them to handle the situation, but there again, how much do we really know about what happened? It sounds to me like they gave her the opportunity to diffuse the situation and prevent other passengers from being upset. She did not take it, and Southwest was within every margin of their rights and in my opinion, obligation, to ask her to leave. The last thing an airline needs is someone aboard who intentionally is trying to create an uncomfortable atmosphere for others.
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Old 10-21-2005, 06:40 AM   #100 (permalink)
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Quote:
Originally Posted by pigglet
what other rights do private businesses have? what other rights should they have. i think it's important to separate those aspects that are my opinion of what i would prefer, and which aspects are legally binding, which i think is covered in above posts.
a business entity has all the same rights as a whole physical individual.
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Old 10-21-2005, 11:14 AM   #101 (permalink)
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The first thing i notice reading this thread is that most of the people whom i associate with being against the "pussification of america" (as some have labelled it), are now in fact arguing for it. Hmm.

In any case, i could understand them kicking her off, but it seems rather pointless to me. The same way nearly anything on network t.v. is trite and innoffensive. Because americans love things that are trite and innoffensive.

I also think private businesses have way too many rights in america. Where exactly in the constitution does it say that for profit businesses are entitled to bill of rights protections?
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Old 10-21-2005, 11:23 AM   #102 (permalink)
 
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that would follow from the absurd decision to recognize "corporate personhood" during the 1880s.....
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Old 10-22-2005, 10:54 PM   #103 (permalink)
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Quote:
Originally Posted by highthief
So are airlines. SW is a publicly traded company owned by private investors.
And I support the right of airlines to create and enforce their own rules for passengers.

Quote:
Originally Posted by highthief
True, but the movie analogy still holds. People go on a plane (or a theatre or a restaraunt or Disney World) with an expectation of certain societal norms, and that does not include a tee shirt with the word "fuck" on it. Now, a nightclub might not care, but the airline does, and they can do whatever they want. It is not a free speech issue.
I agree that airlines and other privately owned businesses have a right to make and enforce a dress code. I was only disputing the idea of a "right" to not see or hear something offensive.
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Old 10-23-2005, 12:29 AM   #104 (permalink)
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Quote:
Originally Posted by pigglet
that was my entire point. airport does not equal school.
I never argued that a school and an airline were the same thing.

Do you believe that public schools are "heavily subsidized" and "near monopolistic"?

Quote:
Originally Posted by pigglet
my point with the amount of federal $$$ that goes to bail out the airline industry every year is that I find the argument that airlines are private companies to be fallacious if you follow the $$$ trail.
Do you believe that the property of a business that receives government subsidies is just as private as the property of a person who receives government subsidies in the form of welfare, food stamps, etc.?

Quote:
Originally Posted by pigglet
they are only "privately" owned because we can't allow them to fall into bankruptcy, because they are a de facto public form of transportation, particularly in the US.
See my comment above.

Quote:
Originally Posted by pigglet
No, nor is it particulary necessary anywhere. It's not necessary in the street, it's not necessary at the mall, etc. Following this argument, there would be very few places where the exchange of ideas is actually necessary; to argue that freedom of speech only applies in these places will very strictly limit where one can speak freely, no?
I haven't argued that the right to freedom of speech - or any individual right, for that matter - should only be allowed when it is considered necessary.

I do maintain that free exchange of ideas is necessary to a good education, though.

Quote:
Originally Posted by pigglet
see above. that's not actually my argument for where I feel freedom of speach should apply, but rather my opinion of the airline industry.
Here is what you said:

"I think as a customer, using a heavily subsidized form of near monopolistic transportation, she should have some expectation to free speech."

If that was only your opinion of the airline industry rather than an argument for freedom of speech, why did you mention the customer's "expectation to free speech"?

Quote:
Originally Posted by pigglet
yes, and it's rather different from a lot of other areas.
Different in what way? Should schools be treated any differently than any other entity that is paid to provide a service?

Quote:
Originally Posted by pigglet
what other rights do private businesses have? what other rights should they have. i think it's important to separate those aspects that are my opinion of what i would prefer, and which aspects are legally binding, which i think is covered in above posts.
We need to remember that rights and laws aren't the same thing. The law is frequently used to deny business owners their basic rights to choose to hire or not hire anyone for any reason, etc.
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Old 10-23-2005, 12:38 PM   #105 (permalink)
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Quote:
Originally Posted by Galt
Do you believe that public schools are "heavily subsidized" and "near monopolistic"? +
I do maintain that free exchange of ideas is necessary to a good education, though. + Different in what way? Should schools be treated any differently than any other entity that is paid to provide a service

really quick - i have to sign off the intranet for a while, so i'll not be able to discuss for some time, but in answer: yes, public schools are funded almost entirely by public $$$. i view schools as a special place which caters to the education of our youth, and they have some marked differences from the general public domain as a result thereof. i'm not really going to argue that - the list of examples is fairly obvious. as for the free exchange of ideas, i agree completely.


Quote:
Do you believe that the property of a business that receives government subsidies is just as private as the property of a person who receives government subsidies in the form of welfare, food stamps, etc.?
depends on the nature of the business and what type of place the person on welfare lives. business = do they cater to the public and invite them in (say, for instance, an airport) or do they manufacture goods (say, a crushed velvet factory with heavy machinery around). welfare person = do they rent or own? if they own, they don't really "own" (nor do any of us) but that's another thread.

Quote:
Here is what you said:

"I think as a customer, using a heavily subsidized form of near monopolistic transportation specifically designed for use of the general public, she should have some expectation to free speech."

If that was only your opinion of the airline industry rather than an argument for freedom of speech, why did you mention the customer's "expectation to free speech"?
because, (note the bolded that i added.) it's not just that it's subsidized, and monopolistic, but that it is specifically a de facto form of public transportation. for instance, an f16 is also subsidized and monopolistic, but i'm not arguing that military personel should have the same rights to wear "fuck you president bush, you assbagging son of a whore" on their shirts (while on base,in the cockpit, etc). the airlines invite the public in, they use public tax dollars heavily, and i argue that makes them different from mom&pop's upscale italian restaurant, or welfare mom's shitty one-bedroom apartment, or an f16, or an industrial factory. it makes them a lot more like the town square, or the mall, or the sidewalk, the long island ferry, or a ski slope.

Quote:
We need to remember that rights and laws aren't the same thing. The law is frequently used to deny business owners their basic rights to choose to hire or not hire anyone for any reason, etc.
wonder why that is?
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Old 10-23-2005, 03:59 PM   #106 (permalink)
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Pigglet: “...the airlines invite the public in, they use public tax dollars heavily, and i argue that makes them different from mom&pop's upscale italian restaurant, or welfare mom's shitty one-bedroom apartment, or an f16, or an industrial factory. it makes them a lot more like the town square, or the mall, or the sidewalk, …”

Both your basic premise and your comparisons are flawed, here.

Flawed Examples: your assumptions as to how “public” the various locations you cite have no basis in reality. It appears you are assuming that many people being present makes something public, since you call a town square and a mall "public." But while a town square is publicly owned, a mall is private property. The mall invites customers, not all comers. They have the right to restrict behavior that is not in their best interests (which is selling things), even though the behavior may be perfectly legal. For instance, you have a right to hand out pro-choice or anti-abortion leaflets in public, but the mall may eject you for this. It is illegal to discriminate against customers based on certain characteristics such as race, but don’t assume that such rules make the mall any less private property. The same rules apply when you sell your house or car.

Flawed Premise: Receipt of tax benefits / subsidies mean an entity is semi-public-owned.
Reality: Simply not true. A factory may elect to locate in a state because the state offers tax subsidies. The state does assuming the factory will provide enough economic benefit to make it worthwhile. The factory does NOT become any less private property if they choose to take the offer.
Similarly, an airport may be constructed using public funds (as in most cities) because the cities think they will benefit from the improved air service they hope will result. The airlines do not become partially owned by the city or state, regardless.
Consider this: Imagine you are planning on building a garage on your property, and I offer you $5,000 to build it farther from our mutual property line. You accept, and build it in a location we mutually approve. Later, I assert that I can store my lawn equipment in the garage because I paid for part of it. However, that was not our deal.
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Old 10-23-2005, 04:16 PM   #107 (permalink)
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Quote:
Originally Posted by FatFreeGoodness
Both your basic premise and your comparisons are flawed, here.

Legally? No crap. See my earlier posts. As far as the legal stuff, go back up and see what I posted about what I can tell about the actual legal aspects. I think they've got a case when they add obscenity + political speech. Maybe. Maybe not.

Some of it is opinion (ie. receiving tax dollars makes it publicly owned) - I think that certain types of places, where you receive a lot of federal/state/public $$$ and invite the public in should come into consideration when determining how much you may restrict the public's attire and comportment, and in that sense the amount to which it is public or private.

As far as the mall goes, I'll take your word for it. I've seen some atrocious things in the malls down here (in yon bible belt) and I'm pretty sure that a large portion of the people would rather they didn't have some of it around. They don't kick 'em out, and I've always assumed it was related to that whole "they're not actually breaking the law" thing. Can they, for instance, kick you out for wearing an "abortion is murder" shirt? Regardless, it doesn't really matter. I think I've presented my opinion on this issue enough times that it is, as someone else posted above, a revolving door. For the legal stuff, see start of post.
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Old 10-23-2005, 04:20 PM   #108 (permalink)
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Quote:
Originally Posted by FatFreeGoodness
Pigglet: “...the airlines invite the public in, they use public tax dollars heavily, and i argue that makes them different from mom&pop's upscale italian restaurant, or welfare mom's shitty one-bedroom apartment, or an f16, or an industrial factory. it makes them a lot more like the town square, or the mall, or the sidewalk, …”

Both your basic premise and your comparisons are flawed, here.

Flawed Examples: your assumptions as to how “public” the various locations you cite have no basis in reality. It appears you are assuming that many people being present makes something public, since you call a town square and a mall "public." But while a town square is publicly owned, a mall is private property. The mall invites customers, not all comers. They have the right to restrict behavior that is not in their best interests (which is selling things), even though the behavior may be perfectly legal. For instance, you have a right to hand out pro-choice or anti-abortion leaflets in public, but the mall may eject you for this. It is illegal to discriminate against customers based on certain characteristics such as race, but don’t assume that such rules make the mall any less private property. The same rules apply when you sell your house or car.

Flawed Premise: Receipt of tax benefits / subsidies mean an entity is semi-public-owned.
Reality: Simply not true. A factory may elect to locate in a state because the state offers tax subsidies. The state does assuming the factory will provide enough economic benefit to make it worthwhile. The factory does NOT become any less private property if they choose to take the offer.
Similarly, an airport may be constructed using public funds (as in most cities) because the cities think they will benefit from the improved air service they hope will result. The airlines do not become partially owned by the city or state, regardless.
Consider this: Imagine you are planning on building a garage on your property, and I offer you $5,000 to build it farther from our mutual property line. You accept, and build it in a location we mutually approve. Later, I assert that I can store my lawn equipment in the garage because I paid for part of it. However, that was not our deal.
damn...all of the above for a shitbag who wore an over-the-line "message" in a public place? let's get back on topic, ok?
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Old 10-24-2005, 11:18 AM   #109 (permalink)
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My mother taught me that what you do is ok as long as you aren't hurting anyone. I cuss like a sailor at home when my kids are asleep but would never wear a shirt like that in a closed public area like that. I can just hear my 5 year old sounding it out "Ffff Uuuu Ccccc" acccccck. Sounds to me like she was looking for a reaction adn got it. Heaven forbid she should take responsibility. If they had kicked her off with no other choice I would feel for her, but she had the choice to stick by her behavior or eat crow and turn her shirt around or wear her sweatshirt properly. Sounds like she wasn't willing to back down out of embarassment...BIG problem in our society.
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