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Notes -
It is Okay to Think That Charlie Kirk was not Literally Jesus.
Charlie Kirk did not deserve to get shot in the jugular for expressing controversial political opinions. I actually agreed with many of Charlie Kirk's controversial political opinions. The thing about controversial political opinions though, is that lots of people don't like them. If you are a person who does not like Charlie Kirk's political opinions, here are some things that would be perfectly understandable for you to think or feel upon hearing the news that Charlie Kirk was shot and killed:
"Charlie Kirk once said gun rights are worth the cost of a few shooting deaths. Kinda funny now huh? I wonder if he's changed his mind."
"Sucks he died like that, but I'm kinda glad I don't have to see his tiny face spouting talking points anymore."
"Charlie Kirk was a massive hack. I think we should care about the kids shot at that school in Colorado more than him."
"Charlie Kirk wanted me kicked out of the country because of my political opinions. It's hard for me to feel bad for him."
To be clear, all of these are tasteless and (in my opinion) poorly thought-out, but they are well within the bounds of civil discourse. None of these are beyond the pale. None of these should get one fired from one's unrelated job. None of these are even close to inciting or advocating for violence.
I was shocked today when I saw a Republican Congressman announce a woke-era pressure campaign againt people who "belittled" the assasination. Apparently I have a much longer memory than many people. I still remember 2020. I still remember George Floyd. It wasn't just the riots, it wasn't just the demonization of physical policing tactics, it was the Orwellian psycholigical tyranny of not being able to express nuanced or contrary feelings about a tragic event. Never again. In a free society, people should be able to express their thoughts and feelings on major events, even if they aren't entirely thought-out or sanitized.
I decline to extend political or social rights to those who hate me that have been systematically stripped from and denied to myself and my allies for decades or more, and will never in any case be allowed to protect us in any way in the future.
If you pride yourself on your memory, exercise it by recalling the legal term "hostile work environment", the similar terms that cover most social spaces, and the numerous examples of how they have been applied by courts nation-wide over the last few decades.
Anyone who is moved by appeals to free speech at this late date deserves their victimization. Free Speech is a spook. The First Amendment offers me no meaningful protection, and I see no benefit to compromising my interests to honor its thoroughly-desecrated corpse. Complying with your proposal will not delay by a single second the next attempt to censor and criminalize my beliefs and to render people like me unemployable when identified. I defy you to argue otherwise.
Principles are things you are willing to lose for. I decline to treat free speech as a principle.
What do you want to say at work that you think you're being prevented from saying because of potential employer liability under "hostile work environment" standards? What makes you think than your employer would have no problem with you saying that even if the potential liability didn't exist?
I am a physician, I have beliefs that are mainstream in this country that would result in me being removed from promotion consideration, teaching, and could lose me my license.
Fired? Maybe, maybe not - certainly put under a microscope and given zero slack.
I didn't vote for Trump this last time in spite of interest in doing so because I was afraid that I'd be tired one day, lose my poker face and reveal who I voted for.
It's possible I am being histrionic, but I truly believe this - and I know lots of other physicians and working professionals in big name companies who believe the same thing.
In 2Way Morning Meeting yesterday some guy from a big four firm nearly broke down telling the same kind of story. Blue regions are littered with people like us and we are just about done.
And you think that if the hostile work environment doctrine were removed then you'd feel free to speak your views? Or is this just the zeitgeist among people you happen to work for?
It is the impression of some people that items like this are the cudgel used. Is it really? Is it the only one? I don't know the answer, presumably they can come up with any legal fiction they want to get rid of the undesirables, on the other hand systems follow incentives and if the system feels like it is required to use this tool against a specific group it will.
It doesn't really matter. FC's point is that he is being oppressed. I shared that I feel like I am also being oppressed. A very large chunk of the country feels oppressed and that isn't good.
Pulling out one specific detail of the administrative apparatus of oppression and litigating it is potentially academically interesting but isn't going to help with these feelings.
Maybe, but it's hard to tell. If I'm an employer I have reasons for not wanting employees to tell nigger jokes at work or request blowjobs from female staff regardless of the liability situation, and as a matter of public policy we don't want employers to encourage the above as an end-around to avoid anti discrimination laws. The law involves tradeoffs, and most people's desire to bring politics into non-political jobs, or hear about other people's politics, is outweighed by the desire to prevent real discrimination. Talking about the apparatus of oppression only makes sense in this instance if you're talking about the employer's interest, because there's no free speech guarantee when you're on somebody else's time.
I think the point is that a small and unpopular ideology has hijacked large swathes of the administrative organs of power, abused them, and is increasingly doing harm to society.
Now people who are otherwise principled are abandoning those, and those who aren't are considering doing worse things.
If the majority of people feel the use of something that should be common sense and stabilizing is abuse then it doesn't matter what the point was. It's abuse.
The threat of of this HR stuff is used to oppress me and others, and from what I can tell often the things we might otherwise say are fine or acceptable (and sometimes not) but you can't assess that safely because of the chilling effect.
Misuse of these tools and perceived misuse generated by other abuses is tearing society apart.
Sorry I'm going in circles here.
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