Tuesday, May 22, 2012

Free Speech, rights and rights

It continually amazes me that so many people, often those in the media, in academia, definitely in government, and down the street, have so little idea of what the Bill of Rights is about, and what the difference is between a right and entitlement.

Sorry Joel, but I can't resist.

Today I heard some guy on the radio discussing whether a private company which fires a person because of comments posted on facebook has violated that person's 1st amendment right to free speech. I'd say that unless an employment contract which precluded such termination was in effect, then no, they violated nothing. We are assuming no libel or slander is involved.

Technically, I suppose it would be freedom of the press since we are dealing with the written word. But this scenario has nothing to do with the Bill of Rights.

A pe3rson is free to express himself, and others are free to fire him if the choose. People can quit their job over something the owner says or writes if they choose.

It matters not whether an employer is fair, it is his/her right to decline the person's services for whatever reason. Why do people stretch it to involve freedom of speech? or press?

The government cannot punish you for criticizing it, but people can refuse to do business with you, withhold friendship, etc. Being fired because you talked shop on facebook may be a poor reason, depending upon circumstances of the incident, but freedom of speech and press are not relevant to this kind case.

Talk show hosts are often limited in the scope of their reasoning abilities. The professor who called in was equally wrong in his assessment. Denying the employer's rights in the name of the 1st Amendment is a risky road to follow. Next thing you know the employee's right to quit will be in jeopardy.

By the reasoning I heard from these people, the government being forbidden to establish a state religion would apply to any group. so no religion could be established, and a religious school would be forbidden from exposing its students to that religion or any other.

The state cannot abridge speech or press, but your friends and employers can react to your expression. The state can't establish a religion, but you or the lady down the street can.

It seems clear enough to me. The confusion over it is nuts and will eventually lead to narrower rights and liberty, not more.

No comments:

Post a Comment

Can't make comments any easier, I don't think. People are having trouble--google tries to kidnap them. I'll loosen up one more thing and let's see. Please give it a try

About Me

My photo
Ballistic Mountain, CA, United States
Like spring on a summer's day

Followers

Blog Archive