Letter to the Editor: Pushback Against Chick-Fil-A is Illegal

Michelle Malkin was right to lament the mayor of Boston's contempt for the First Amendment. The mayor said he would block Chick-fil-A from opening a restaurant there because its CEO opposes gay marriage.

Similarly, an alderman in Chicago has said he will block a zoning permit needed for a Chick-fil-A restaurant in Chicago because of its CEO's views.

Under the Supreme Court's Umbehr decision, cities cannot punish firms or withhold even discretionary benefits like zoning permits over their speech. The Supreme Court long ago ruled that firms have free speech rights in its rulings in favor of Consolidated Edison and the First National Bank.

Chick-fil-A has faced unusually few discrimination claims of any kind for a restaurant chain. There is no evidence that Chick-fil-A discriminates against gay patrons, and it has restaurants in many cities than ban anti-gay discrimination.