Link to article: https://www.washingtonpost.com/nation/2020/09/24/whataburger-black-lives-matter-masks/
This article details events surrounding Whataburger employee Ma’Kiya Congious wearing a BLM mask to work. Most people did not mind the face covering, and some even complimented her on it. However, a White customer one day threatened to call Whataburger’s corporate office over the mask. This led to a chain of events where Congious lost her job, and the managers even went as far to call the police on their own employee.
This event goes against the First Amendment’s freedom of speech. In America, every person is allowed to freely voice their opinions, especially on social issues and movements such as the Black Lives Matter movement. Wearing the BLM mask did not negatively impact or hurt anybody, yet Congious was fired because of it, despite the managers being okay with the mask before the incident.
This incident creates a horrible double standard, as companies will turn a blind eye to apparel that supports other causes, like sports teams and LGBTQ rights. Not to mention that other workers have worn face coverings that displayed the Gucci logo and the Mexican flag.
Whilst, yes, the Black Lives Matter issue is a very delicate and important issue in the world today, and it is true that many other companies are speaking out and making official statements that they support the BLM movement, it still does not change the fact that Whataburger is a private company. It is not owned by the government, and therefore the State Action Doctrine applies to this situation. Without government involvement, no constitutional claim can be made, because only the government can violate your constitutional rights; therefore, the first amendment doesn’t reach private actors, This basically states that Whataburger cannot get in trouble for this incident that would violate one’s freedom of speech.
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