{"id":43702,"date":"2013-12-04T06:21:36","date_gmt":"2013-12-04T11:21:36","guid":{"rendered":"\/news\/?p=43702"},"modified":"2013-12-04T11:45:57","modified_gmt":"2013-12-04T16:45:57","slug":"in-which-mediaites-tommy-christopher-desperately-wants-you-to-be-impressed-with-sandra-fluke","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/in-which-mediaites-tommy-christopher-desperately-wants-you-to-be-impressed-with-sandra-fluke\/","title":{"rendered":"In which Mediaite’s Tommy Christopher desperately wants you to be impressed with Sandra Fluke"},"content":{"rendered":"
<\/div>

\"Sandra<\/a>Every time we criticize the\u00a0overhyped Sandra Fluke<\/a>, somebody inevitably complains that if she\u2019s so unimportant, we shouldn’t comment on her at all. That would be a fair point\u2026if not for the fact that cable news networks keep pushing her commentary and lefty bloggers kept spreading it far and wide.<\/p>\n

Last week, Mediaite\u2019s<\/em> Tommy Christopher fawned<\/a> over the \u201creproductive freedom hero\u201d for \u201ccrush[ing]\u201d conservative Washington Examiner<\/em> columnist Timothy Carney<\/a> in a debate over ObamaCare\u2019s contraception mandate on MSNBC\u2019s All In with Chris Hayes<\/em>. Of course, Christopher\u2019s interpretation of the segment is only possible with, shall we say, generous helpings of willful obtuseness:<\/p>\n

Hayes pointed out that \u201cThe employer here is saying their freedom is being impinged because the Affordable Care Act requires them to pay for insurance that gives birth control without a co-pay,\u201d adding that \u201cnot giving that, right, has some encroachment on the freedom of the employee.\u201d<\/p>\n

\u201cI don\u2019t see that as having any encroachment on the employee, because the employee is perfectly free to go out and by his or her own birth control separately,\u201d Carney replied, then made his odd comparison with Alec Baldwin\u2019s anti-gay slurs. \u201cYou at MSNBC, you infringe on your hosts\u2019 right to go out and make anti-gay comments in their personal lives, and I think it\u2019s great that you make those decisions.\u201d<\/p><\/blockquote>\n

This seems to be Christopher\u2019s primary fixation. That\u2019s the detail featured in his title, and Christopher takes Carney\u2019s repetition of it to somehow mean his case against the mandate was \u201ceasily derailed.\u201d Most amusingly, he\u2019s impressed that Fluke \u201cin short order had him comparing\u201d the two even though Christopher\u2019s own summary shows Carney was responding to Hayes, not Fluke. It\u2019s okay, Tommy. I gave my high-school crush undue credit for stuff too. Except I was, y\u2019know, in high school<\/em> and not an adult editor of a professional website.<\/p>\n

Smitten Tommy has a lot riding on the absurdity of \u201ccomparing contraceptive coverage with Alec Baldwin calling a photographer<\/a> a \u2018c***sucking f**got,\u2019\u201d as if Carney called them equally deplorable. That would be absurd\u2026if Carney had said anything of the sort. But he was comparing the line between an employee\u2019s freedom and an employer\u2019s obligations in both situations, not the acts themselves.<\/p>\n

The First Amendment protects Baldwin\u2019s right to be a crass jerk, but as his employer, MSNBC had no obligation to keep him on the payroll while exercising it in ways they disliked. Similarly, consenting adults are free to have all the sex they want in private, and use whatever (non-abortive) contraceptive methods they want, but it doesn’t follow that their employers owe them help doing so.<\/p>\n

Just as MSNBC\u2019s personalities sign up agreeing not to publicly embarrass them (I know, I didn\u2019t think MSNBC was capable of embarrassment either), employees take jobs agreeing to certain pay and benefits. Employers may be legally forced to honor the terms of that agreement if they renege, but not to spend their money on brand-new terms.<\/p>\n

According to Christopher, Fluke refuted that with this \u201cdevastating point\u201d:<\/p>\n

It goes even beyond health care. It\u2019s a corporation picking and choosing which types of laws they want to comply with. And our belief in this society has always been that we protect the religious liberty of individuals in their private lives, but that when you cross that line and go into the public sphere and decide you want to operate as a company, make a profit off of the public, you need to abide by the public\u2019s laws.<\/p><\/blockquote>\n

With legal analysis like this, Georgetown got ripped off on Fluke\u2019s public-interest scholarship. First, there\u2019s a reason employers like Hobby Lobby and Liberty University are \u201cpicking and choosing\u201d to resist these laws: they\u2019re blatantly unconstitutional<\/a>. Not only does the Constitution give the feds no authority to impose these mandates in the first place, but it also protects the religious from compulsory participation in practices against their beliefs.<\/p>\n

And as for this nakedly totalitarian idea that people check their religious liberty at the door, Fluke simply pulled it out of thin air. Does anyone seriously believe the Founding Fathers imagined they were leaving such a wide, easily exploitable loophole in their new Constitution\u2019s religious freedom protections? The First Amendment says nothing about any public\/private or profit\/nonprofit distinctions, and it\u2019s hard to pin suggesting otherwise on anything but intentional dishonesty.<\/p>\n

Carney noted this when he asked:<\/p>\n

Chris, right now you and I are putting our opinions out on television. You are making money on this, I am not. Would it be okay for the federal government to say \u201cChris is in business on TV, so we\u2019re going to infringe on his First Amendment rights, but Tim and Sandra, they\u2019re just doing this non-business\u2026\u201d<\/p><\/blockquote>\n

And he elaborated in his November 30 column<\/a>:<\/p>\n

It’s not a novel claim, but it’s still a scary one: A person gives up his First Amendment rights when he is acting as a businessman.<\/p>\n

The underlying logic here is this: A for-profit corporation — even a privately held one — cannot be permitted to serve a religious purpose, or presumably any other purpose besides profit. In other words, the administration is arguing that the only legitimate aim of a corporation is profit — and, interestingly, the Left is rallying behind this viewpoint.<\/p>\n

For megacorporations, this isn’t a problem. General Electric and Pfizer basically operate strictly for profit already. Publicly traded corporations have so many shareholders that it would be pretty hard to discern any shared aim other than profit.<\/p>\n

So this Obama administration crusade for separation of commerce and conscience restricts the freedom only of family businesses, which is good for their bigger competitors.<\/p><\/blockquote>\n

Unfortunately, Christopher was apparently too busy swooning at Sandra to process Carney\u2019s obvious logic, so instead of addressing it, he lazily dismissed it as a \u201cdesperate rejoinder\u201d which \u201cso flummoxed\u201d Hayes \u201cthat he hardly knew where to begin.\u201d The only thing reeking of desperation here is how thick Christopher\u2019s laying on adjectives that he doesn’t back up with analysis. Here\u2019s the closest he comes to substance:<\/p>\n

[T]he fundamental weakness (of many) in that argument is that Chris Hayes is not a business (or even the owner of the business), just as NBC\/Universal is not a person. All the rhetorical acrobatics in the world won\u2019t change that, and as Fluke pointed out, businesses don\u2019t have the same rights of expression as individuals.<\/p><\/blockquote>\n

It\u2019s depressing how much mileage liberals get out of pretending something as simple as corporate personhood<\/a> is incomprehensibly weird. Nobody claims a business is a person<\/em>, but a business is people<\/em> – a group of people joined together for common interests. And just because they\u2019re exercising their rights collectively doesn’t mean they\u2019re not rights anymore, or the Constitution stops applying to them.<\/p>\n

What is so often missing from the contraception debate is the idea of equal protection under the law, the selective denial of necessary medical coverage to only one gender, and the fact that these businesses aren’t paying for contraception, the employees are. Health insurance is not some gift given out of benevolence, it is part of an employee\u2019s compensation, so all Sandra Fluke is asking for is that the insurance she has earned is equal to that of every other American\u2019s.<\/p><\/blockquote>\n

That\u2019s a recitation of half-baked feminist legal theory<\/a>, not sound application of equal protection. Political equality demands equally respecting both sexes\u2019 natural rights to life, liberty, and property, not violating one person\u2019s liberty and property rights to compensate for the unequal circumstances biology gives another person.<\/p>\n

Tommy Christopher takes the exchange as \u201ca very good sign for reproductive freedom, and for the religious freedom of women in the workplace.\u201d I take the fact that such lazy rationales for stifling liberty can be hailed as victories for<\/em> liberty as proof of the old adage about freedom being fragile – \u201cnever more than one generation away from extinction,\u201d in Ronald Reagan’s words<\/a>. When it\u2019s not taught with real care and historical perspective, it is frighteningly vulnerable to subversion by any number of feel-good, paper-thin platitudes.<\/p>\n","protected":false},"excerpt":{"rendered":"

Every time we criticize the\u00a0overhyped Sandra Fluke, somebody inevitably complains that if she\u2019s so unimportant, we shouldn’t comment on her at all. That would be a fair point\u2026if not for the fact that cable news networks keep pushing her commentary and lefty bloggers kept spreading it far and wide. Last week, Mediaite\u2019s Tommy Christopher fawned […]<\/p>\n","protected":false},"author":54,"featured_media":12544,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[15],"tags":[],"yoast_head":"\nIn which Mediaite's Tommy Christopher desperately wants you to be impressed with Sandra Fluke - Live Action News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.liveaction.org\/news\/in-which-mediaites-tommy-christopher-desperately-wants-you-to-be-impressed-with-sandra-fluke\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"In which Mediaite's Tommy Christopher desperately wants you to be impressed with Sandra Fluke - Live Action News\" \/>\n<meta property=\"og:description\" content=\"Every time we criticize the\u00a0overhyped Sandra Fluke, somebody inevitably complains that if she\u2019s so unimportant, we shouldn’t comment on her at all. 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