Apple Sabotages Itself
by Justin Lee, First Things:
On October 30, Apple joined thirty-six other major corporations in filing an amici curiae brief supporting Colorado Civil Rights Division, et al., against Jack Phillips, the owner of Masterpiece Cakeshop, in an important case to be heard before the Supreme Court this term. The case, which will decide whether certain forms of expression are exempt from anti-discrimination laws, hinges on the definition of “expression.” Apple, in adding its name to the brief, rejects Phillips’s definition as over-broad and “amorphous.” From the brief:
To apply [Phillips’s] constitutional interpretation, one would need to determine whether certain conduct is as expressive as baking a cake from scratch—regardless of the appearance of the cake. Adopting such a broad definition of expression or expressive conduct could result in a multitude of business activities potentially being expressive. For example, designing a website, editing photos, interior decorating, landscaping, hair styling, practicing medicine, or authoring an appellate brief all could qualify as expressive.
Even if one believes that Apple’s advocacy for expansive LGBT rights is laudable, there are consequences to defining expression so narrowly, consequences that may prove inimical to Apple’s corporate interests.
Early in 2016, Apple refused to comply with the FBI’s demand that the company create software to neutralize security features on the iPhone of Syed Rizwan Farook, one of the San Bernardino shooters. In a motion to vacate, Apple argued that the DOJ’s order “amounts to compelled speech and viewpoint discrimination in violation of the First Amendment.”
Related Posts
Tags
Share This
