The Failure to Discriminate

Many conservatives oppose vaccine mandates, regardless of its source. They see no difference between a government mandate and a mandate issued by a private employer. The failure to discriminate—to recognize the differences between two or more things—isn’t surprising. Many conservatives do the same when they claim Big Tech is engaged in censorship.

Certainly, mandates issued by government and a private business seem similar. In both instances, individuals are required to do something, or else. However, that is where the similarity ends. When government says “or else” it means that disobedience will result in fines or jail time. When a business says “or else” it means that if you don’t obey you must find other employment.

Government mandates leave no options for disagreement or an alternative course of action. Business mandates allow individuals to choose for themselves. Consider the mandate issued by the Biden Administration that forced all businesses with more than 100 employees to require vaccination, later struck down by the Supreme Court. Biden’s mandate would have applied to all large businesses. The Supreme Courts ruling gives businesses a choice.

If an employer requires vaccination, individuals have a choice—get vaccinated or get a different job. The fact that this may be an unpleasant choice doesn’t negate the fact that it is a choice. And it is a choice that doesn’t exist with government mandates. The failure to discriminate is also present in conservative diatribes about Big Tech “censorship.”

Only government can censor. Only government can prohibit the expression of certain ideas and punish those who express them. No private business—including Big Tech—can do this.

Certainly, there are similarities between government prohibiting the expression of certain ideas and a private business prohibiting the use of its property to express certain ideas . That is where the similarity ends.

When government prohibits the expression of an idea, that prohibition applies everywhere. That prohibition app;lies to radio, television, blogs, newspapers, books, and every other way an idea can be expressed. When Big Tech removes certain content from its platform, individuals remain free to express their ideas elsewhere. When conservatives claim Big Tech censorship, they are communicating through alternative means. Big Tech can’t silence conservatives. Government can.

The failure to discriminate is dangerous. If the actions of private parties are equated with the coercive actions of government, then it doesn’t matter who is issuing mandates or engaging in censorship. The failure to discriminate opens the door to oppressive government mandates and actual censorship.