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Culture War Roundup for the week of May 13, 2024

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I got a couple upvotes on reddit replying to a post “with bad guy Butker whose the evilest player in the nfl”

Good Guy: Butker Bad Guy: too many to name

I am not sure if the Overton window of NFL player conduct has really changed that much. I think most Americans have always had some support for traditional values and even more support a religious community to do their own thing. Explicitly stating this publicly though was banned for a while.

This also has me thinking about the right to free association. Which has largely been deleted from the U.S. constitution. I largely support a right to free association but it feels like it does need some limits. I would like a company to be able to fire some one for any reason they want. If you get promoted to CEO and your personal view is that Indians are smelly vile creatures and want to fire them just because they are Indian I want you to have that right. And ideally those Indians you don’t like get scooped up by your competitor and build a better product.

Butker’s case provides the counter-point. If the NFL decided they don’t want Catholics playing in their league who do real Catholic things and fired Butker it would cause him real harm. Go start your own football league is not viable. This happens with a lot of product too. If Microsoft decided no Jews can use excel that would be an irreplaceable loss. Jews of course could build their own excel software, but since every other organization uses excel the Jewish excel would not be compatible with the Gentile Excel used by everyone else. They could not be accountants or investment bankers because all their clients would be using Gentile Excel.

Of course Courts can come up with tests to distinguish the difference for when giving free association is non-viable. The issue here is that if you are the wrong group at the time let’s say a Catholic kicker the court could declare it is viable for him to start his own NFL to be a kicker, but also find it’s completely not viable for Jews to create their own excel.

If the NFL decided they don’t want Catholics playing in their league who do real Catholic things and fired Butker it would cause him real harm.

Of course, he's earned 18 million already, so, assuming he's saved it, he'd still be quite well off.

Yeah, but he's a 29-year-old elite kicker. He probably has $40 million left on the table with a normal career trajectory.

I’m sure that if he gets fired he’d have a professional conservative job paying 7 figures in less than a year.

An articulate NFL player who gets fired for being socially conservative has a professional social conservative speaker job already waiting for him.

Like most things, the solution is freedom in normal situations and government regulation in monopoly situations.

Agree. The broad strokes are obvious.

Doing that in practice is hard. Most businesses have some market power and even Americas tech firms have some competition. Excel is actually a great example. Some time around 2010 MSFT stock was trading in the 20’s and conventional wisdom was it’s a value trap and going out of business. Googlesheets were invented and free. Eventually people realized there are a lot of 50+ year old bankers and accountants that would rather write a check to Microsoft every year for $100 than learn a similar but slightly different software. Which is rational by those bankers as writing a Microsoft check for about $2k the rest of the career is a lot cheaper than learning new software (at $200 an hour that’s 10 hrs of work). And since the old people wouldn’t switch all the young people had to be compatible. At one point conventional wisdom was Excel was not a monopoly but I would say today it is a monopoly.

Even a fairly basic cake making business has a little market power. As it’s a pain point to travel an extra 15 minutes to find another baker.

I would say Excel = restricted Baker= not restricted most people would say is fair. But the exact line is far messier.

An interesting current case is the Tapestry/Capri merger. A quick synopsis is Tapestry is buying Capri which is basically a roll-up of mid-tier luxury brands. Handbags and shoes. I think these markets are highly competitive and fairly easy to enter (honestly Temu seems to have a lot of cheaper products that look the same). The Biden administration is suing to block the mergers saying antitrust/monopoly. I think this market is clearly in the baker category.

Disclosure: long and wrong. It’s trading $36. Deal closes at $56. If it breaks your probably talking a puke close to $20 and eventually trading around $25. I think the economics are clearly in favor of it closing. But it’s in a NY Court with a Biden appointed judge which is outside my personal Overton window of knowledge and I deeply distrust blue enclave courts now.