CNN’s Legal Experts Disagree, with Themselves, over Chick-Fil-A and the First Amendment

So CNN Legal Contributor and self-professed First Amendment Attorney Marc Randazza writes this piece explaining why the Mayor of Boston’s actions might be unconstitutional after praising the same Mayor’s statement on his blog on a few days before only for the blog’s commenters to explain to him why it may be unconstitutional. Maybe I was a bit too hasty thinking any one with an ounce of Constitutional knowledge knew where the lines were drawn.


  1. Napoleon says:

    I think the key fact is the Mayor’s statement’s were constitutional. If he and the city counsel acted to prevent Chick-Fil-A from opening a store in Boston, I am certain that would be unconstitutional and the letter could serve as strong evidence in any action. Their actions will speak louder than their words in this case.

  2. joe says:

    Congress shall make no law…

    I cannot find a Constitutional reference for what a mayor can and cannot do.

    They should just let the free market decide.

    • Napoleon says:

      It is generally accepted that the 14th Amendment Sect 1 and applied the 1st to all state and local governments (being local governments are created by the state). Most of that has stemmed from the Due Process clause of The section, but also somewhat from the privileges and immunities clause.

      That interpretation is found in the original intent of the Amendment per debate in Congress that it was to apply the Bill of Rights to the states. The author, John Bingham (R-OH) stated, “The proposition pending before the House is simply a proposition to arm the Congress…with the power to enforce the bill of rights as it stands in the constitution today. It hath that extent—no more….If the State laws do not interfere, those immunities follow under the Constitution.”

      And they should let the free market decide.

  3. Blog Goliard says:

    Been a long time since I ran across a “legal analyst” on TV who had the slightest idea what he or she was talking about.

    (And yes…it’s a slam dunk for Chick-fil-A if anyone in city government lifts a finger to try to interfere with their business.)

    • analogkid says:

      In walks Alex Wan:

      “As the city council’s only openly gay member, I support boycotting patronizing the chain and would oppose their efforts to expand further within the city limits,” Wan added.

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