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View Diary: Government Crackdown on Free Speech: Are They Firing Employees for Exercising Their Rights? Davis v. (14 comments)

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  •  regardless of truth or opinion or psychotic rant.. (3+ / 0-)
    Recommended by:
    Horace Boothroyd III, marina, myboo

    ... the principle has got to be protected that job retaliation including firing, for protected speech where no workplace resources are involved (on your own time, your own computer), is anathema to a free society and cannot be tolerated.

    There's no need to threaten to put people in prison for speech if you can merely threaten them with loss of their job and home.  Those kinds of sanctions are if anything more effective censorship than the threat of incarceration.  

    And it can also be argued that a legal right of private-sector employers to fire employees for off-work exercises of protected speech, also constitutes a 1st A violation because the failure of Congress to forbid it is logically equivalent to Congress endorsing it (simple Boolean logic).  

    "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

    by G2geek on Mon Nov 28, 2011 at 07:29:48 AM PST

    [ Parent ]

    •  That's fine if one accepts that it's a boolean (0+ / 0-)

      condition. It's not, though, as there are three possible conditions (Congress does nothing, Congress forbids it, Congress endorses it) rather than two.

      However, I do think it is rather deplorable that private companies can fire whomever they like for exercising free speech. I do not think the freedom of assembly for a business owner trumps the freedom of speech of the individual, and Congress ought to make this distinction explicit.

      •  Do you oppose the formation of boycotts against a (0+ / 0-)

        company when the CEO exercises freedom of speech (as the CEO of Whole Foods did) which could then result in employees losing their jobs from lower sales if the boycott is successful?

        Would you oppose firing an employee making legal anti black, Jewish, gay, etc. speech ?

        The most important way to protect the environment is not to have more than one child.

        by nextstep on Mon Nov 28, 2011 at 09:19:25 AM PST

        [ Parent ]

        •  Your questions are irrelevant and designed to (1+ / 0-)
          Recommended by:
          G2geek

          poison the well by attempting to catch me in a 'gotcha,' either by accusing me (implicitly)  of hypocrisy or some other fallacious nonsense.

          •  People frequently confuse Freedom of Speech (0+ / 0-)

            with only supporting speech they agree with.  

            In addition, the constitutional right of freedom of speech does not mean that other people are not free to react to speech by changing their behavior with the speaker whether it is doing business with the speaker as a customer or doing business with the speaker as an employee.

            The most important way to protect the environment is not to have more than one child.

            by nextstep on Mon Nov 28, 2011 at 10:08:30 AM PST

            [ Parent ]

        •  red herring. stolen wheelbarrow. fail. n/t (0+ / 0-)

          "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

          by G2geek on Mon Nov 28, 2011 at 04:32:31 PM PST

          [ Parent ]

    •  So, what position did you take (0+ / 0-)

      when the CEO  (legally an employee) of Whole Foods wrote an Op-Ed in the Wall Street Journal criticizing Health Care reform and then many here encouraged a boycott of Whole Foods demanding that the Whole Foods Board fire the CEO for writing the Op-Ed?

      The most important way to protect the environment is not to have more than one child.

      by nextstep on Mon Nov 28, 2011 at 01:24:36 PM PST

      [ Parent ]

      •  There you go again! (0+ / 0-)

        Red herring.  Stolen wheelbarrow.  Fail.  

        "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

        by G2geek on Mon Nov 28, 2011 at 04:33:02 PM PST

        [ Parent ]

        •  So you believe freedom of speech only applies (0+ / 0-)

          to people you agree with - which means you don't really believe in Freedom of Speech.

          The most important way to protect the environment is not to have more than one child.

          by nextstep on Mon Nov 28, 2011 at 05:11:04 PM PST

          [ Parent ]

          •  goad, goad, goad. (0+ / 0-)

            Sorry, I won't take the bait.  

            "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

            by G2geek on Mon Nov 28, 2011 at 05:33:14 PM PST

            [ Parent ]

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