Amazon.com’s Whole Foods Market doesn’t want to be forced to let workers wear “Black Lives Matter” masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

National Labor Relations Board prosecutors have accused the grocer of stifling worker rights by banning staff from wearing BLM masks or pins on the job. The company countered in a filing that its own rights are being violated if it’s forced to allow BLM slogans to be worn with Whole Foods uniforms.

Amazon is the most prominent company to use the high court’s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case “provides a clear roadmap” to throw out the NLRB’s complaint.

The dispute is one of several in which labor board officials are considering what counts as legally-protected, work-related communication and activism on the job.

  • FlexibleToast@lemmy.world
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    You can get mad at Amazon, but really it’s the Supreme Court you should be mad at. Amazon is going to take advantage of whatever it thinks will make them more money. The government is the thing that is supposed to keep them in check.

    Edit: A lot of people seem to be reading something different from what I wrote. I didn’t say you shouldn’t be mad at Amazon, or that Amazon isn’t at fault for their own actions. What I did say is that you should expect this type of behavior from a business and should expect our government to do a better job at keeping this behavior in check.

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      I’m mad at both. Amazon is trash. The current court is trash. And all the ghouls that got us this shit ass court are trash, from Mcconnell to Trump to every dummy that votes for Trump to the stupid stupid Democrats who didn’t fight tooth and nail when Obama’s pick didn’t get a hearing and didn’t pack the courts at the 1st opportunity. Oh and fuck RGB who should have fucking retired at the start of Obama’s 1st term. Octogenarians who survived multiple bouts of cancer don’t have the luxury of hanging out so the 1st female president gets to appoint their successor. Democrats are so fucking inept it’s hard to believe that they aren’t sandbagging us on purpose

      • Blake [he/him]@feddit.uk
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        it’s hard to believe that they aren’t sandbagging us on purpose

        It’s hard to believe that they’re not doing it on purpose exactly because they are doing it on purpose. The system isn’t broken, it’s doing exactly what it is designed to do. You cannot use the system against itself. Voting helps prevent the greater evil but that just gets you the lesser evil. If you want an answer that is not evil at all, we need to create that entirely separately, outside of the established system and politics.

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        I don’t disagree with anything you said. You’re right on every account. We’re still seeing it in action as Feinstein refuses to step down and backing up the appointment of judges. RBG and Feinstein both destroyed their legacies by hanging on to power for far too long. It’s insane that Mitt Romney, of all people, is the one I agree with. He’s not going to run and encouraged other old people to stop running and let the next generation have a chance.

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      “Amazon is going to take advantage of whatever it thinks will make them more money.”

      Yea I will in fact get mad at that kind of behavior. Lots of businesses doing it (and commenters like you normalizing it) doesn’t make them less responsible for their shitty behavior.

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        They specifically said you can be mad. It’s the first sentence in OP’s comment. WTF are you on about?

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          Did you miss where the point of their comment was to deemphasize Whole Foods’ fault and culpability in this? Or are you starting a linguistics discussion?

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            You either get it or you don’t. I can’t help you with your lack of reading comprehension.

            They specifically said that “you can be mad” about it.

            You want to have it the way that they’re pushing some kind of agenda, when in fact they’re simply stating what’s true.

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      Getting mad is not important. Making society better is. And everyone involved is responsible for their own actions.

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      I can get mad at Amazon and Supreme Court at the same time, but not for this. Having uniform requirements is reasonable thing to do, especially for customer facing employees.

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      These people are morons with 8th grade reading comprehension skills.

      Come to think of it, maybe they are in fact 8th graders?

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      You don’t shop at Whole Foods because of it’s policies.

      I don’t shop at Whole Foods because I don’t believe I. Paying $4 for a apple.

      We are not the same.

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        It’s Amazon/Whole Foods’ policies that lead to charging such ridiculous prices for their items. You are the same, even if you don’t realize it.

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        I absolutely would be willing to pay 4 or more for an apple, if it were local, and profits go to a local farm. I’m aware that means I eat in-season then too

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          I live very close to the largest continuous fruit growing area in Europe. In-season 5kg crates go for five Euros, at the end of the season as low as one euro for 5kg on clearance. Don’t expect fancy-pants new strains to go at that price, though, it’s going to be Elstar or Holstein Cox.

          And, fun sidenote: Out of season it’s indeed more CO2-advantageous for us to import apples from New Zealand than to store them. Buy apple sauce.

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            Out of season it’s indeed more CO2-advantageous for us to import apples from New Zealand than to store them

            Not necessarily true, it would depend on the how clean the energy source of the refrigeration is. The only other major CO2Eq emission from storage of perishables is refrigerant leakage, but in most commercial scale usages that’s really low.

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      Idk that 5% cash back is hard to beat. I mean sure, fuck amazon for being anti-union, definitely need to trust bust them to but until then I can’t get 5% cash back when buying household goods anywhere else.

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    It’s not “Whole Foods” it’s Amazon. Whole Foods died when Amazon bought them.

    source: I’m from Austin and know several people that work there from employees to management. They killed everything that was whole foods.

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    iiuc, wf is not saying that customers can’t wear BLM masks. They don’t want to show a political stance and, as a result, don’t want BLM masks worn by their employees, because that could be misconstrued as wf or Amazon taking a political stance. I can understand that. However, they, then, must ban ALL shows of politics in their store by them and their employees, and that includes LGBTQIA+ stuff. Otherwise, they’re just banning BLM stuff, which will be misconstrued (notice the crossed out ‘mis’) as them taking a political stance against black folks.

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    Why does anybody think it’s a good idea to wear political statements into work? Just do your job.

    Imagine if you ran a business and one of your customer-facing employees showed up in a MAGA hat. You’d probably want them to leave it at home right?

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        They aren’t banning masks that say “equal rights and fair treatment for ALL” , they are banning BLM masks, BLM is a political movement/organization.

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          No BLM is a statement that black lives matter. That’s completely different from saying, for instance, blue lives matter. One is a race that people are born into and the other is a job. It’s not political, it’s a cry for help.

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          Ya it’s a political movement that wants cops to stop killing black people.

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              No… It’s asking people to adhere to the policies that existed when they were hired…

              no slogans, logos, or advertising except for Whole Foods branding

              You can literally search “whole foods dress code” and find reddit posts of people discussing this YEARS ago.

              https://www.reddit.com/r/wholefoods/comments/mdcifx/dress_code/

              This is nothing new… It’s a bog standard policy for many places.

                • Saik0@lemmy.saik0.com
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                  LMAO A tankie talking about “boot licking”. That’s hilarious. You worship someone who literally killed my people for no reason… And defend it like it was okay. Talk about boot licking.

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                  Signage and displays isn’t a violation of dress code… So yes. This is different.

                  I’m sure if they decided they could make money off of the BLM movement they’d put up signage and displays for it too. But they’re the one’s paying the bills… they get to make up the rules in their establishment.

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      Either employees should be allowed to wear personal accessories to express themselves, or they should not. How do you define what is and is not political?

      • serial_crusher@lemmy.basedcount.com
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        Also, this article’s vague, but “no slogans, logos, or advertising except for Whole Foods branding” is Whole Foods’s official dress code. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/whole-foods-black-lives-matter-mask.aspx

        The plaintiffs were told they had to remove their Black Lives Matter face masks because they violated the dress code, but the workers refused and were sent home. After being sent home several times, they were fired for violating the company’s attendance policy.

        • Blake [he/him]@feddit.uk
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          The problem with all of these things is always unequal enforcement. For example if the store allowed an employee to wear a thin blue line mask, and fired another employee for a BLM mask

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            if the store allowed an employee to wear a thin blue line mask,

            Except the store didn’t do that

              • Saik0@lemmy.saik0.com
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                So we don’t really know one way or another.

                It’s was a dismissed court case… What are you talking about “we don’t know” court records are a thing. You can get them directly by submitting a FOIA request.

                Or just reading the new articles that spawned from the case.

                https://www.reuters.com/legal/judge-dismisses-whole-foods-workers-lawsuit-over-black-lives-matter-masks-2023-01-23/

                “The evidence demonstrates only that Whole Foods did not strenuously enforce the dress code policy until mid-2020, and that when it increased enforcement, it did so uniformly,” Burroughs wrote in a 28-page decision.

                There’s no evidence that it was unfairly applied. And if you have such evidence I’m sure you can submit it to the plaintiff’s lawyers and they’ll set you up with a sweet payday.

                Whole Foods, part of Amazon.com Inc (AMZN.O), has long maintained that its adopted its dress code–which also covered visible slogans, logos and ads

                Would ALSO cover “thin blue line” as well btw… Technically it would cover the proper American flag as well…

      • Zippy@lemmy.world
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        Up to the business. If they don’t want political statements or and statement made at work, I can understand it.

        • Blake [he/him]@feddit.uk
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          That just means that employers can push their own political agendas and suppress alternatives.

          “Employees may not wear pins of a political nature, such as expressing support for Joe Biden. Wearing a pin expressing support for Donald Trump is acceptable because that is not political.”

          Like I said, it either has to be all or nothing - allow self expression or do not. Allowing self expression only if the company agrees with the expression is essentially compelled speech.

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            That just means that employers can push their own political agendas and suppress alternatives.

            Damn straight

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        Agreed, if I ran a grocery store chain I’d just have the employees wear uniforms with no personal expression.

        At the end of the day it’s the business’s right to set whatever policy they want though. If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, we’re gonna see a lot of crazy bullshit.

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          If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, we’re gonna see a lot of crazy bullshit

          Would it be a bad thing? I think with some sensible exceptions it would be a very good thing to permit free expression as the default.

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      Except BLM and LGBTQ isn’t political. It’s Civil Rights. This isn’t Dem vs GOP, it’s ethical vs unethical treatment of humanity. Unfortunately certain individuals in the US portray this as political, but that’s so they can use it as leverage for their goals. You wouldn’t say “stop beating a slave and set him free” because your political affiliation says so, you say it because you see a human being suffer.

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        Except BLM and LGBTQ isn’t political. It’s Civil Rights.

        I’m sorry but you just sound naive. These are not mutually exclusive. Civil rights are part of politics. All you’re arguing is that you think the politics you like should be allowed in the work place, and the politics you don’t like should not. That’s the hottest take in the entire post.

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      Because workers are more important than the businesses they work for, obviously.

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      Imagine if you ran a business and one of your customer-facing employees showed up in a MAGA hat. You’d probably want them to leave it at home right?

      I think it’s good when people support good things and bad when people support bad things. Amorally applying the rules for their own sake is actually not a virtue; the rules should be oriented to promote good outcomes and discourage bad outcomes. Otherwise, what’s the point?

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          We all do. We already do this throughout society. Individually we make choices on what is good or bad, and collectively those choices add up and are expressed either in law or social contract.

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        I actually had to talk to the boss and tell him that this manager’s motherfucking confederate flag hat made me uncomfortable, like he was a floor manager who wore the stars and bars every day, in a western state that didn’t exist during the civil war… and they didn’t say anything to him until a customer complained. He wore that shit for like a month. The good ol boy’s club is unreal

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      That’s where the constant disclaimers to the effect of ‘the views expressed do not nessecarily reflect the position of the company blah blah blah’ whenever someone speaks who isnt the principal executive of the organization. The problem being though it doesn’t go both ways, when one of the high leaders speaks it’s portrayed as ‘our company believes’ which then at least somewhat implies the employees of said company are in agreement. Individual expression is just leveling the field by letting the employees say 'the views of the company do not reflect my own.

      It’s less common for any smart business to make highly charged statements unless they happen to be sure the majority will support them for it, but not unknown. I’ve seen a couple small ones around here that went as far as to plaster Q slogans all over their signs. From a business perspective they just alienated a major portion of their potential customers without anyone setting foot in the door.

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      I would agree with you, but this is pretty blatant far-right bias and with the genocidal turn that camp has taken, it’s vitally important to take sides.

      Otherwise, I agree with you.

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          Everyone knows they’re being sarcastic, but we also live in a world where it’s a crime punishable by death to be LGBTQ+, where mentioning the topic in public is a crime and there are US politicians who have literally called for genocide against LGBTQ+ people, so it’s just a shitty thing to say.

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            we also live in a world where it’s a crime punishable by death to be LGBTQ+,

            Oh yeah, how many whole foods do they have?

            . there are US politicians who have literally called for genocide against LGBTQ+ people

            No they’re aren’t. You’re lying

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    AFAIK the ruling about serving same sex couples specifically relates to “compelled speech”, which means it definitely doesn’t apply in this context and Amazon is hoping that right wing courts will expand the ruling (they might).

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    After reading this, why am I getting a feeling in my stomach that reminds me of being on a roller coaster right before a big drop? Why do I feel like all of America is going to be like that very soon?

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      My gut says it’s going to be more complicated than that. I believe in people and at a certain point the reactionary stuff is going to overplay their hand and I think we’re already seeing it.

      At a certain point this stuff just breaks down, people will lose their patience. In my wildest dreams the 2020 riots were a kind of dress rehearsal for something more organized in the future. Eventually I think liberals might lose their ability to usurp movements.

      Don’t get me wrong, we’re headed for bad times, but we don’t have to feel doomed. Believe in people.

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        I believe in a subset of people. But that subset of people is not enough to prevent things from getting very ugly.

        I expect we’ll have something to eclipse 2020. But I also expect there’s going to be a very strong reactionary backlash waiting in the wings again. I’m hoping to secure more viable refuges by that point.

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          Oh yeah, there will be a bigger reactionary backlash, and that backlash will cause even more “normal unaffiliated” people to realize what’s at stake. I don’t mean to sound accelerationist or apocalyptic, but everything has a breaking point and pronounced change only comes through conflict.

          I think we’re seeing a little bit of it through the abortion bans. People are genuinely pissed off about that.

          We just have to hope there will be enough people who won’t tolerate reactionaries. I can’t say what will happen, but you’re right, it might get very ugly soon. But at the same time we can’t say we’re already defeated

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            The abortion ban is why I disagree with your take. Liberals said if abortion gets banned they were gonna riot and stayed out in the streets for exactly 2 or 3 days. Liberals have trained a lot of people to think we can vote our way out of anything. They don’t even really support things like abortion related mutual aid bc stuff like that is seen as lesser importance than defeating Trump (or whoever the next Republican is.)

            I don’t think we are defeated but winning isn’t gonna come from us reacting to terrible things happening, it’s gonna come from more proactive organizing before shit hits the fan.

              • silent_water [she/her]@hexbear.net
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                there’s a balance. arming up and prepping without organizations is pointless - the paramilitaries will crush a lone homesteader. community defense requires a whole community.

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                If you harbor 5 fugitives, you have something to fear from the government. If you harbor 500 fugitives, the government has something to fear from you.

                What I’m saying is, when the time comes, I hope you’ll have way more than 2 cows.

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            I’m not saying we are or will be vanquished. I am saying that the balance of guns and land is not in our favor (although the balance of distribution infrastructure is slightly in favor of the libs).

            Liberals will largely stand by if fascism takes over, especially in this country. One of the best hopes we have is that the military would crack down on a coup, and the balance of representation in the military is very much not in our favor. The other best hope is balkanization or at least devolution, where state and local governments become more relevant than the federal government and this allows us to thrive in pockets.

        • silent_water [she/her]@hexbear.net
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          it’s a cycle that keeps escalating so long as profits get squeezed tighter and tighter. at some point the whole system breaks and the only question is who seizes power when that happens. if we have orgs and can channel popular discontent, it will be us. if not, we’ll be posting from the camps. the future is not yet written - projecting the present forward into the future is good at telling you what will happen next week but it’s a shitty approximation before you even get out to a year.

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    Holy shit. So Amazon and Whole Foods are just openly racist now. Not even trying to hide it anymore.

    Conservatives will be celebrating as soon as they have someone read this article to them.

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      Jesus y’all. Let me spell this out plainly.

      • BLM is a political organization.

      • Wearing BLM gear is a political statement.

      • Whole Foods doesn’t want employee uniforms to make a political statement.

      Bet every single person here would be pleased if this was about banning Trump masks. I’ll give you a crisp $20 bill if those are allowed. Or any other sort of political speech.

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        The fact that there is an organization of the same name does not mean they own the slogan. People using the slogan almost never do so in reference to this organization nor are necessarily even aware that such an organization exists.

        BLM is more of a human rights statement. Anything is “political” if the right choses to whine about it. An example is putting pronouns on name tags. It’s a great idea to ensure employees are addressed correctly and frankly shouldn’t be any more political than a name tag containing your name, but the right choses to view them as political because they need a constant culture war.

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        1 year ago

        This might mean something if “BLM” was owned by an organization.

        • shalafi@lemmy.world
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          1 year ago

          So Black Lives Matter is not a political slogan, let alone an organization? Saying Black Lives Matter means nothing to anyone except by taking it literally? Nothing to do with politics whatsoever?

      • SpaceCowboy@lemmy.ca
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        1 year ago

        Let me spell it out plainly:

        • BLM is a movement concerned with police brutality against minorities
        • There is a political organization called BLM, but nobody but right wing whack jobs gives a shit about that organization
        • There is also the Bureau of Land Management that is also refereed to with the acronym BLM,
        • Somehow you know BLM on a mask doesn’t refer to the Bureau of Land Management but you’re being deliberately stupid it referring to a political organization and not the movement.
        • Jeff Bezos isn’t going to give you any money no matter how wide you spread your asshole for him.
        • shalafi@lemmy.world
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          1 year ago

          You are really jumping through some hoops to prove that the saying, “Black Lives Matter” has nothing to do with politics. Say it out loud for us. Say it’s not a slogan and has no ties to political views.

          Not accepting facts contrary to your position? How very conservative of you.

          No matter how far left I am, there’s always assholes like you pushing people back to the right. I’m not going right because a bunch a angry teenagers are… angry. But you’re not doing the liberal cause any justice here. In fact, you’re actively hurting it.

          • SpaceCowboy@lemmy.ca
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            1 year ago

            Are you saying black lives don’t matter?

            Where is the debate on the statement “black lives matter”? Please argue against that statement.

            No what you’re saying is that the statement has been politicized by bad actors. But those are the politics of the bad actors, not politics around the statement itself.

            Should the depiction of the Earth as being round be banned as well? There is controversy around that, by idiots and grifters of course, but how is it different about the controversy around BLM?

            • null@slrpnk.net
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              1 year ago

              Surely you share the same opinion about those who wear gear that says “All lives matter”? They’re just good people preaching a message of love?

              • SpaceCowboy@lemmy.ca
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                1 year ago

                Maybe I would if I bash my head into a wall enough to cause enough brain damage that I don’t understand that “all lives matter” is part of the politicization effort by bad actors.

                See there is an actual real world where people did things with motives that are very well understood. If your “logical” arguments are completely dependent on ignoring specific realities, it’s not really a logical argument at all. Demanding someone ignore reality so you can have a big “aha! I proved you to be a hypocrite!” kind of moment is rather silly isn’t it?

                • null@slrpnk.net
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                  1 year ago

                  So you only bashed your head enough to not understand that the phrase “Black Lives Matter” is borne out of a social/political movement?

                  Are you saying all lives don’t matter?

                  Where is the debate on the statement “all lives matter”? Please argue against that statement.

              • dangblingus@lemmy.dbzer0.com
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                1 year ago

                No. Because they are in bad faith inverting the wording of the phrase to sound like “muh common sense” but in reality are just reactionary contrarians that are communicating their social conservative opinions.

          • dangblingus@lemmy.dbzer0.com
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            1 year ago

            Saying Black Lives Matter is only political to right wing racists who believe that the status quo, that Black Lives Don’t Matter, is fine.

            • shalafi@lemmy.world
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              1 year ago

              So it’s political then? Just because one side of the spectrum has heinous beliefs does not make a thing non-political.

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                1 year ago

                It’s both because one side wants it to be to diminish its power. But at its core it’s a human rights issue. It’s the words Black Lives Matter, strange if you get upset hearing that and think it’s purely political and should be snuffed out where you don’t like facing it. 🤔

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        1 year ago

        The statement Black Lives Matter is not political, you absolute ham sandwich…

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        1 year ago

        BLM is a political organization.

        This is like saying “Trump has Little Hands” is a political organization because some guy wants to copyright “Trump has Little Hands” to sell on merch. Absolutely ridiculous take and it clearly show where you stand on these sorts of issues.

        • shalafi@lemmy.world
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          1 year ago

          If this thing was a fight to wear “Make America Great Again!” masks, these people would sing a different tune. And some ass will be along to explain how that’s totally different…

          The whole notion of BLM is political. In the same sense that no one denies making America great is a bad thing, no one denies black lives matter. Yet they are political slogans, end of story. Whole Foods does not want employees wearing controversial political slogans.

          I’ve supported the idea of BLM from day 1. Even dumped a right-wing buddy I was slowly turning around. I have zero patience for the haters. Zero. But if I owned a business, employees would not be wearing anything that even smelled of politics.

          These children can’t get their emotions untied from facts.