Brendan Eich(mann) got what he deserved

Outgoing Mozilla chief executive Brendan Eich

Former Mozilla CEO Brendan Eich gave a hate group $1,000, paid a price for it, and this poetic justice is deemed to be a “violation” of “free speech” in the fascistic United States of America. (Yes, the fascistic Nazis persecuted non-heterosexuals, too.)

Most discussion of whether or not the “free-speech rights” of Mozilla co-founder and short-lived CEO Brendan Eich — who stepped down as CEO Thursday after a firestorm had raged over his having donated $1,000 to the 2008 Proposition Hate effort — have been trampled upon wholly ignores or glosses over one simple historical and legal fact: a federal court in 2010 found Prop H8 to be unconstitutional — and thus illegal.

As Wikipedia recounts it, “In August 2010,  [United States District Court for the Northern District of California] Chief Judge Vaughn Walker ruled that the [anti-same-sex-marriage California constitutional] amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, since it purported to re-remove rights from a disfavored class only, with no rational basis.”

So, before we blather ourselves into a lather about “free speech,” let’s take a good, long, hard look at exactly the kind of speech that we’re actually defending here — and in this case, it is hate speech.

Yes, it is.

To have supported Prop H8 was to have supported the continued mindless oppression of a minority group picked out for such continued mindless oppression. “Mindless” oppression because, as Vaughn Walker (whose original ruling still holds as the law of California, since the U.S. Supreme Court effectively legally upheld it) correctly ruled, there is no rational basis to prohibit same-sex marriage.

To have supported Prop H8 was to have supported something that was and that remains unconstitutional and thus illegal.

Whether or not hate speech should have First-Amendment protection — especially when hate speech (yes, even “just” giving $1,000 to a “cause” meant to continue to oppress a certain minority group) so often results in very real harm to many very real people — is another discussion, but for the time being, let’s not pretend that Brendan Eich was just trying to do something nice for someone and that he paid a price for it, that no good deed goes unpunished.

Let’s also not pretend that if Eich (whom I really want to call Eichmann) had a “free-speech right” to donate money to an unconstitutionally and thus illegally oppressive “cause,” that those who wanted his head on a silver platter for his donation didn’t also have a free-speech right to call for his head on a silver platter (so to speak [of course]). They did. They do. We do.

And let’s not pretend that Eich was fired for having given a $1K donation to a hate group. He was not fired. He resigned.

He resigned, apparently, because in his high-level job, his very apparently being a homophobe tarnished the public reputation of the entire organization. Most large organizations wouldn’t have well-known white supremacists as their CEOs, either.

Let’s not pretend that a CEO, a very public person, having given $1K to Prop H8 and then having been fairly forced, socioeconomicopolitically, to resign because of that donation is just like! you or I, a very private person, having given $1K to Prop H8 and actually having been terminated from our much-lower-level employment because of it. Let’s not do that, because context, including the level of the power of the players involved, is everything.

Brendan Eichmann — er, Eich — got what he deserved for having financially supported a hate group. If he believes that his constitutional (such as his First-Amendment) rights have been violated by anyone, then he may sue to his hating heart’s content. Presumably, he has plenty of cash with which to do so. (But he won’t sue, because he has no fucking case.)

There is nothing more to discuss.

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