Re: Defenders of "under god" are ... mislead or misleading (pick
dfm2a3l0t2 at spymac.com
Wed Sep 28 20:19:06 EDT 2005
In article <433AFB3A.60F2EE71 at spamcop.net>,
Kenneth Brody <kenbrody at spamcop.net> wrote:
> Somehow, I would think that a contract that forbids you from criticizing
> the teachers wouldn't be enforcable. A recent (as in just ruled on this
> past week) case in New York upheld that the mayor can't fire a city
> employee as retribution for supporting the mayor's opponent in the last
> election. The court ruled that you don't give up your First Amendment
> rights when you go to work for someone.
Government employees have more rights that non-government employees, because the
government can not infringe the employee's constitutional rights. Therefore, the
mayor couldn't fire the city employee in this instance. Take the same situation
and make it a private employer, and the firing is legal because the First
Amendment does not apply to non-governmental entities.
Case in point: When I was working for AP, I wrote a letter to a trade journal
that indirectly criticized the owners of an AP member newspaper. I was told not
to write any more letters concerning AP members. I had no recourse because as a
private employer AP is not bound by the First Amendment.
It would be interesting if the judge extended the BoR to private employers, but
such a ruling would never survive on appeal.
D.F. Manno | dfm2a3l0t2 at spymac.com
The worst government is the most moral. One composed of cynics is often
very tolerant and humane. But when fanatics are on top there is no limit
to oppression.--H.L. Mencken, "Minority Report" (1956)
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