Two Interesting Stories About The First Amendment

First up, Walmart turns a kid in for a picture he took that shows a magazine picture of George Bush with a red pin through its head. Next to the photo the kid's hand is a thumbs down. Walmart called the Secret Service on him. OK, arguably Wal-Mart has a point here - they don't know who took the picture - and it is a federal crime to threaten death on the President. While their reaction seems a little outrageous, it is, arguably, justifiable. Still, makes you think for a second.

However, this one, is not as forgivable. Woman wears a t-shirt with the pictures of George Bush, Dick Cheney, and Condoleeza Rice, with the caption "Meet the Fuckers." Fellow passengers complain. Southwest asks her to cover it up. On the trip over she puts hubbie's sweater over it while she sleeps. While sleeping the sweater falls off. Passengers complain again. She was told by Southwest if she gets off the flight they will refund her ticket. She gets off the flight (at a connecting airport). Southwest refuses to refund her money.

Make up your own minds. Obviously there is no "First Amendment" violations. Though as a "common carrier" Southwest may have some First Amendment obligations (common carriers - transportation providers, hotels, etc. - are held to higher standards than regular private corporations). But generally the Bill of Rights only apply to governmental entities. So, private corporations are free to kick you out and do what they like for any reason, so long as: a) it doesn't violate the terms of your contract with them, and b) it's not racially discriminatory. While my usual reaction to something like this would be to boycott Southwest for being bastards (I already boycott Wal-Mart for a whole slew of reasons), I can't really afford to not fly Southwest. However, I will say, that this action on their part will make a significant contribution towards any decision I make regarding flying them in the future. So, what should Southwest have done? Nothing. Told the other passengers to deal with it. I find Ashlee Simpson offensive; so, can I have a 12 year old girl kicked off the flight for having a t-shirt with Ashlee Simpson on it?