Contra the Trump FTC, Boycotts Are Protected by the First Amendment
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Progressive “media watchdog” group Media Matters has received a request” for information. (RFI) from the Federal Trade Commission (FTC) asking for any communications between the group and other organizations that monitor traditional, alternative, and social media for misinformation and hate speech. The FTC is looking for evidence that Media Matters collaborated with other media watchdogs and advertising organizations to persuade businesses to pull their ads Elon Musk’s X.  If the FTC succeeds in bringing a case against Media Matters, it will have criminalized boycotts of businesses as well as, in the case of media companies, their advertisers. The FTC ignores the fact that boycotts are protected by the First Amendment.

Boycotts have played a role American politics— starting with the boycott of British tea that led to the Boston Tea Party. Boycotts have been successfully used in the fight against segregation, efforts to unionize workers (most famously the boycott of California grapes led by union leader Cesar Chavez), and the gay rights movement.

Boycotts are not just (or even primarily) a tool of the left. Social and religious conservatives ( two overlapping but not identical parts of the conservative coalition) for years have organized boycotts of sponsors of television programs they found offensive. They have also targeted retailers that sell “offensive” products. For example, pressure from social conservatives was a major reason why 7-Eleven stopped selling “adult” magazines such as Playboy.

Boycotts have even been used by American citizens to influence the conduct of foreign governments. During the Cold War, conservatives boycotted products made in communist countries—including Polish Hams! Today, some Americans are refusing to drink Russian vodka to show solidarity with Ukraine. The widespread boycott of South Africa was a major factor in the anti-apartheid movement’s success. Boycotts remain a popular tool of both the left and right. Bud Light, Target, and other companies have lost revenue because they took political and cultural stands offensive to their socially conservative customers.

Consumers engage in boycotts all the time. Any time a consumer decides not to patronize a business for any reason—and tries to encourage others to do the same—they are boycotting that company. For example, I am boycotting Marvel movies and encouraging others to do so until they restore their old policy of making awesome movies instead of making mediocre movies. I hope Disney (Marvel’s partner company) doesn’t sic the FTC on me! Those tempted to support the FTC‘s investigation of, and possible litigation against, Media Matters because they don’t like how the group regularly smears conservatives, libertarians, and anyone who does not blame Vladimir Putin for depriving us of the glories of a President Hillary Clinton should consider how this precedent will be used by a future FTC Chair to target right of center groups that organize boycotts against progressive outlets. This could influence whether or not the FTC and other government bureaucracies respect your First Amendment rights based on which party controls the White House.

Instead of investigating private organizations, FTC Chair Ferguson should be investigating Biden Administration officials—including the big guy—who pressured social media companies to censor Americans who held “unapproved” opinions or shared “unapproved” news. Those still tempted to support this should consider this exchange from the classic movie A Man for All Seasons. Sir Thomas More insists to William Roper, Sir Thomas’s son-in-law, that even the Devil (and Media Matters) deserve the law of protection.

William Roper: “So, now you give the Devil the benefit of law!”
Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?”
William Roper: “Yes, I'd cut down every law in England to do that!”
Sir Thomas More: “Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

Norm Singleton is a senior fellow at the Market Institute. 


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