Get The Work

It Is Probably Not A Good Idea To Exercise Your Free Speech Rights To Publicly Shame Another Business

Do you expect the other person to change their values and how they vote in order to protect their livelihoods?

As another Fourth of July comes and goes, when we were not barbecuing with friends and family, watching hot dog-eating contests, and seeing fireworks at night, we might have spent the small pockets of time thinking about the fundamental rights this country was founded on. And one of those rights is the freedom of speech.

But as the summer heats up the nation, tempers will also flare up. And that is when people tend to forget that free speech comes with consequences, particularly when others who disagree with you also exercise their free speech rights.

On social media, listservs, and in regular conversation, it is common to see two people (and usually more) get into an argument over politics. But sometimes it gets a little too heated and one of them would angrily declare that they would not refer business to the other. Similarly, during a moment of virtue signaling, someone would announce that they would boycott any business who either has differing views on an issue or votes for a certain candidate or political party. And their friends and supporters would respond with likes, thumbs-ups, emojis, or a #metoo.

Recently, small businesses have been targets of consumer activism (or outrage). And sometimes they go viral, whether the parties involved intended it or not. Masterpiece Cakeshop was under fire for refusing to create a wedding cake for a gay couple. The owner not only withstood public backlash but was also ordered by the Colorado Civil Rights Commission to provide wedding cakes for same-sex marriages. The case went all the way to the U.S. Supreme Court. Also, the Red Hen restaurant was on the spotlight when the owner asked White House Press Secretary Sarah Sanders to leave while she was dining. The restaurant has been closed for weeks due to protests and threats of violence. And there are countless others who have made national news over the years.

A person may choose to engage in consumer activism for a number of reasons. Perhaps he or she feels that their vote does not matter and this is all they can do. Or they feel they are using their money for what they believe is a greater social good. Or perhaps it’s their way of disassociating with — or even punishing — people who do not share their beliefs.

On a large scale, this can be an effective mechanism for change. When Rosa Parks was arrested in Montgomery, Alabama, for sitting in a whites-only seat and refusing to give it up, the African-American community responded by boycotting buses. African-American taxi drivers would help the boycott by charging 10 cents (equivalent to the bus fare) to African-American customers. The boycott received national attention and eventually led to the racial integration of buses in Montgomery. There are countless stories of businesses making policy changes due to public pressure, most notably with nondisclosure clauses involving sexual harassment.

But not every political spat or virtue signaling will go viral. The flame war will extinguish itself before it spreads. But the people who see it will know more about you. Usually for the better, but sometimes for the worse.

I find it troubling when I see someone telling others to not patronize a business because they belong to or support a different political party. Or they support President Donald Trump, even though they are against some of his more egregious policies and tweets. You see, in the above examples I mentioned, consumers mobilized because of something the business or the government actually did.

In the end, you can spend your money however you want. If it gives you a sense of personal satisfaction by not patronizing a business whose values differ from your own, then more power to you.

But before you call for a boycott to your social media sphere of influence, especially for a local small business, just because you disagree with their beliefs, you may want to think about a few things.

First of all, what are you trying to accomplish? Do you expect the other person to change their values and how they vote in order to protect their livelihoods? I don’t think they will. In fact, it can strengthen their beliefs because you are resorting to economic sabotage which is a form of an ad-hominem attack.

Second, do you expect others to follow your lead? Some will. Others won’t. I’ll use myself as an example since it is hard to get reliable, unbiased, empirical data on consumer behavior.

Most of my purchase decisions are based on practicality. For example, if I want to buy groceries, I will go to the market that has the best prices and is closest to me.

But I will patronize a business for other reasons. With all things being equal, I’ll purchase something from a small business over a large chain store. Or I may shop at a business where a family member, a friend or a client works or owns.

Most importantly, I will not patronize a business whose morals disgust me. For example, if a business refuses to serve people of color, I will not go there. I won’t purchase anything from a business that sells products made from endangered species because it will only encourage the behavior.

However, I may continue to work with someone who disagrees with my world-views or supports a political candidate. You see, since we rely on a two-party system, we can’t pick a candidate who we agree with on every single issue. Also, when someone has a legal dispute where lives and livelihoods are on the line, I care more about the results and not about the lawyer’s political positions.

In sum, people make decisions based on many factors other than politics.

Finally, there is a chance that your posturing can backfire and your reputation could take a hit. In my case, when I see someone tell others to boycott a business or shame someone, even if I agree with their points, it tells me a few things about that person.

First, I question whether they truly believe in the democratic process or only when it suits them. Because in a democracy, you don’t get everything you want because you are not the center of the universe. I get that there are some issues that are worth fighting the majority over but I’ll leave that for others to discuss.

Second, you may unintentionally promote their business. As I mentioned above, people care more about a lawyer’s track record and reputation more than their political beliefs. If your friends look them up on google and see all of the endorsements and awards, they may end up being impressed rather than outraged.

Third, the anger will likely be short-lived. We may remember a few people who were publicly shamed for doing something morally wrong. But people have moved on to the next outrage. I won’t mention names because I don’t want to reopen wounds but if you look them up, you’ll find that they are back in business and have mostly recovered. Some have even wrote public apology letters for being part of the angry mob.

Lastly, people may wonder if you are being petty. They may wonder if you will lash out at them on social media if you unintentionally say or do something that pisses them off.

So as another Independence Day passes us by, we should appreciate our free speech rights even if it is not absolute. But when we use that right to negatively affect the livelihoods of others, you may learn that it comes with unintended consequences that might come back to bite you.


Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

Shares0


Shares0