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Free Speech 101.
Many people don’t understand how “free speech” works in the context of the Constitution. With the caveat the brevity is not my strong suit, here’s an explanation.
First, the Constitution is at the top of the US organizational chart (http://www.netage.com/economics/gov/Gov-chart-top.html). (Query: Why are so many government entities not organized under the major cabinet-level organizations?)
Second, the Founding Fathers wrote the Constitution to be flexible, to change with the times, not to be a static document. (Query: Why do “strict constructionists” deny this fact? A true strict constructionists would have to deny the validity of the Bill of Rights. See below.)
Third, the first major change to the Constitution was the “Bill of Rights,” the first 10 amendments to the Constitution. (Query: If gun rights are so important, why were they addressed in an amendment, not in the Constitution proper?)
Fourth, the First Amendment, which addresses freedom of speech, says: “CONGRESS shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Emphasis added.)
In other words, the Constitution only forbids the GOVERNMENT from restricting free speech, not individuals, not private companies. Individuals and private companies are “free” (see below) to discriminate/favor as they see fit.
There are, however, social pressures for non-government entities NOT to discriminate. For example, the Augusta National Golf Club, which hosts golf’s annual Masters Tournament, is a male-only membership club. This continues to cause controversy (https://en.wikipedia.org/wiki/Augusta_National_Golf_Club#2002_membership_controversy) but is not a violation of the First Amendment.
In short, law school is fun.
A: Accountability. Constraints. Reality.
Q: What is POTUS encountering for the first time?