Lawyer here with some 1a casework. You’re absolutely right and the commenters below handwaving Buffalo Bills NFL Hawaiian Shirts are wrong. While the government does have its own 1a right to make its own speech (see walker v sons of confederate veterans), it is not allowed to retaliate against parties based on their speech.This is even worse because it’s viewpoint discriminatory rather than simply content discriminatory. And doubly worse because it’s siscrimating based on a political position.I doubt this is worth coke or the aclu’s time, but they have a strong case.getting a lot of comments that “coke could afford to litigate this easy.” While you’re right about that, I think the bigger issue is that litigating it requires them to publicly take more of a stance and risk pissing off more diet fascists. Ultimately, a bunch of their customers believe the “election was stolen” lie, and I don’t think they want to call any more attention on themselves. Especially with all the easy money they’re making during pride.The real question is whether the publicity is worth winning, and I really doubt coke wants to make this more of an issue than it is.Ironically, I think the aclu has a much stronger incentive to litigate it. It’s got a very flashy, headline grabbing kind of story. (Plus the general rules of standing don’t apply in these type of con law cases)
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Of course. Buffalo Bills NFL Hawaiian Shirts is in response to taking customer finickiness into consideration. If they want to distance themselves from the legal action then it’s a way to do it. Directly suing is not.My initial thought was an actual case and big money being spent, but my non-lawyer guess would be it’ll be closer to:County doesn’t do anything for a few weeks, in the meantime Coke sends a letter, countie’s attorney tells the board they can’t/shouldn’t do it, nothing happens.Its a waste of everyones time and money, but probably not a huge amount.I cannot fathom how the ACLU can have bigger fish to fry when not pursuing this is allowing a county to violate 1a. Silence and lack of action is condoning this. They need to set a precedent so that more counties and even states won’t try to follow suit on this or other issues.It’s not about Coke, it’s about the principle.
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