Anti-Chick-fil-A retaliation would put universities in constitutional pickle
Alliance Defending Freedom letters encourage five universities to reject demands to evict Chick-fil-A
Attorney sound bite: Matt Sharp
The activist groups have made the demands because of Chick-fil-A President Dan Cathy’s views on marriage, but the Alliance Defending Freedom letters explain that retaliation against Chick-fil-A for its president’s constitutionally protected beliefs would violate federal law.
“Every American should be free to live and do business according to their faith,” said Litigation Counsel Matt Sharp. “The First Amendment protects Chick-fil-A’s right and its president’s right to express their opinions on marriage and other political and social issues. Any retaliation against Chick-fil-A or its president based on their speech is a violation of federal law.”
The letters went to five universities which activist groups are pressuring to evict Chick-fil-A: West Virginia University, New York University, University of Southern Mississippi, University of Kansas, and University of Louisville.
“The vitriol directed against Chick-fil-A is based solely upon the recent statements by Chick-fil-A President Dan Cathy that ‘We are very much supportive of the family--the biblical definition of the family unit.’ But Mr. Cathy’s statement--which is an opinion shared by the majority of Americans--is no less protected than those made by business leaders from other companies who have expressed a different opinion upon the issue of same-sex ‘marriage,’” the letters state.
The letters go on to explain that “no matter whether Chick-fil-A has a permit to operate a restaurant on your university’s campus, is leasing space in the food court, or is considered an independent contractor providing food service on behalf of the university, the First Amendment protects the company from retaliation based on its protected speech…. Not only would discriminating against Chick-fil-A be a clear violation of the First Amendment and expose the University to legal liability, but it would undermine the very lessons of free speech and tolerance that the University seeks to teach to its student body.”
Alliance Defending Freedom (formerly Alliance Defense Fund) is an alliance-building legal ministry that advocates for the right of people to freely live out their faith.
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ABOUT Matt Sharp
Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.