this post was submitted on 01 Jul 2023
2636 points (94.3% liked)

Malicious Compliance

19603 readers
4 users here now

People conforming to the letter, but not the spirit, of a request. For now, this includes text posts, images, videos and links. Please ensure that the “malicious compliance” aspect is apparent - if you’re making a text post, be sure to explain this part; if it’s an image/video/link, use the “Body” field to elaborate.

======

======

Also check out the following communities:

!fakehistoryporn@lemmy.world !unethicallifeprotips@lemmy.world

founded 1 year ago
MODERATORS
 
you are viewing a single comment's thread
view the rest of the comments
[–] Thorosofbeer@lemmy.world 28 points 1 year ago (5 children)

This isn't really malicious compliance. This is the very foundation of the point made by the Supreme Court. You should be able to refuse service to anyone for any reason. Anything less than that is the government engaging in violence to force you to work.

[–] bric@lemm.ee 35 points 1 year ago (3 children)

Not any reason though, the case didn't change any of the protected classes like sex, religion, or sexual orientation. It just made it so a company can choose what "expressive work" they want to do, especially websites. So it's legal to say you don't want to make someone a custom website if you disagree with the contents of the website (ie a website that supports gay marriage), but it's still illegal to refuse to make someone a website because the customer is gay. You can choose what you make, but you can't choose who you sell it to

[–] Cornfed@lemmy.world 14 points 1 year ago (2 children)
[–] Zyansheep@vlemmy.net 13 points 1 year ago

Very important distinction.

It'd be pretty bad if hotels or restaurants started restricting access based on sex or race!

[–] SpaceToast@mander.xyz 11 points 1 year ago

It’s a huge difference and nobody seems to understand it.

[–] ramblechat@lemmy.world 3 points 1 year ago

But I can see this embolden racists / homophobes. They are generally dumb, and will probably refuse to serve people citing this decision and will either end up in court or get away with it.

[–] Bazzatron@reddthat.com 21 points 1 year ago (3 children)

I mean - there are protected classes, right? You can't say "no whites" or "no Jews", I'm not a religious man - but where's the line between a political ideology and a religious one?

Or am I totally mistaken and this is completely permitted in the states?

[–] bruz@lemm.ee 15 points 1 year ago* (last edited 1 year ago)

That kind of discrimination is generally illegal, even after the recent supreme court case.

What the ruling says is that some kinds of business, such as designing a website, decorating a cake, or writing a song, for example, are considered speech. In those cases the right of the designer/decorator/songwriter to control their speech takes precedence.

However, this doesn't mean you can kick someone out of your restaurant for being Jewish or refuse to make a non-marriage related website because a client is gay. It's only cases where speech is involved.

[–] JackGreenEarth@lemmy.world 1 points 1 year ago

The difference is that you can't choose your skin color, but you can't choose your beliefs in a different way.

[–] dustojnikhummer@lemmy.world -2 points 1 year ago

In the US sadly that line no longer exists

[–] zeppo@lemmy.world 12 points 1 year ago

Not just any business. The decision was specfically about what they called 'expressive activity' such as graphic designers, artists, speechwriters, and movie directors.

[–] axtualdave@lemmy.world 5 points 1 year ago (1 children)

Just replace "Gay" with "Black" and see how awesome it sounds.

[–] Thorosofbeer@lemmy.world 1 points 1 year ago

I don't think it's a smart decision. I think discriminating for any reason makes business sense nor will it win you any allies, but it should be legal. Anything less than that is the government forcing you to work.