Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Nov 2008
    Posts
    46

    Default Is the Right to Censor Privately Absolute

    My question involves labor and employment law for the state of: Arkansas, or Federal.

    I took a class on legal environment of business. The teacher explained to us that the freedom of Speech & Press (and its fifty state counterparts) only prohibit government action. It does not extend to the private sector. A boss can fire you if he finds out (or even thinks) you were attending a political rally of a politician he hates.

    Is that doctrine absolute, or are there exceptions to it? We didn't talk about the exceptions except the really notable ones (such as the right not to be fired because you're black). Are there any exceptions that you guys can tell me about?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is the Right to Censor Privately Absolute

    There are a couple of states where there is state law that prohibits an employer taking adverse action against an employee on the basis of political activity. Outside of that, your teacher is correct; the First Amendment only relates to governmental restriction of speech, not that of your employer.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is the Right to Censor Privately Absolute

    Note that there can be other laws that apply, such as restrictions on an employer's ability to discipline an employee for engaging in union organization activities or expressing a desire to join a union.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is the Right to Censor Privately Absolute

    Another point is the difference between a political rally and the act of voting itself.

    Voting must be allowed... though does not have to be paid time.

    Missing work to go to a rally does not enjoy the same priviledge.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is the Right to Censor Privately Absolute

    Voting must be allowed... though does not have to be paid time.

    That is also state specific.

    There are some states where time off for voting must be paid time.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is the Right to Censor Privately Absolute

    Quote Quoting cbg
    View Post
    Voting must be allowed... though does not have to be paid time.

    That is also state specific.

    There are some states where time off for voting must be paid time.
    There's a good list here.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is the Right to Censor Privately Absolute

    Quote Quoting stebbinsd
    View Post
    My question involves labor and employment law for the state of: Arkansas, or Federal.

    I took a class on legal environment of business. The teacher explained to us that the freedom of Speech & Press (and its fifty state counterparts) only prohibit government action. It does not extend to the private sector. A boss can fire you if he finds out (or even thinks) you were attending a political rally of a politician he hates.


    Is that doctrine absolute, or are there exceptions to it? We didn't talk about the exceptions except the really notable ones (such as the right not to be fired because you're black). Are there any exceptions that you guys can tell me about?
    I have this case in my case cannon. It prohibits termination based on candidate patronage, but is limited to the public employment sector. Of course, such unlawful dismissal must be proven by a plaintiff, as any other under other laws.



    http://supreme.justia.com/us/427/347/


    Additionally, the constitution does not soley prohibit government conduct, say the 4th AM. Since we are dealing with the 1st though, a "private" entity can be bound by the 1st AM in fact specific cases, yes. No disrepect to your teacher, but the part about such not binding a NON governmental entity was incorrect (fact specific of course). I am not specifically talking about termination here, just that the constitution does not only bind a governmental entity.

    A state constitution's free speech clause can also bind a private entity at times.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is the Right to Censor Privately Absolute

    As to not leave you in the dark stebb, this recent 10th circuit case discusses such free speech and private entities and "public forums", also it cites the seminal Marsh v. Alabama.

    A. Failure to State a Free Speech Claim

    "It is, of course, a commonplace that the constitutional guarantee of free speech is a guarantee only against abridgment by government, federal or state." Hudgens v. NLRB, 424 U.S. 507, 513 (1976). Thus, to prove a violation of the First Amendment right to free speech, Plaintiffs must either demonstrate that the Church, as the sole owner of the Plaza, is a state actor, or that the Plaza is nevertheless a public forum in spite of its sale to a private owner.



    http://ca10.washburnlaw.edu/cases/2005/10/04-4113.htm


    Not cited in the case, but concerning state constitutions: Some states have followed CA, most though do not follow Pruneyard.


    http://www.law.cornell.edu/supct/htm...7_0074_ZS.html

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is the Right to Censor Privately Absolute

    Quote Quoting BOR
    View Post

    Additionally, the constitution does not soley prohibit government conduct, say the 4th AM.

    Oh here are the specific cases on the 4th I was refering to. Although the RR was a "private" entity, they are constained by the 4th AM, as they are determined to be a "state actor" or engaging in "state action":


    http://www.law.cornell.edu/supct/htm...9_0602_ZS.html


    This case below was an action in Mandamus concerning "private" 4th AM drug screening, it mentions Skinner, above.


    {¶14} The United States Supreme Court has held that attributing actions by private entities to the state “is a matter of normative judgment, and the criteria lack rigid simplicity.” Brentwood Academy v. Tennessee Secondary School Athletic Assn. (2001), 531 U.S. 288, 295, 121 S.Ct. 924, 148 L.Ed.2d 807. However, the court has identified several relevant factors. Id. at 296, 121 S.Ct. 924, 148 L.Ed.2d 807. The situations where the court has found that a challenged activity may be “state action” include those in which the private activity results from the state’s exercise of coercive power, when the state provides significant encouragement for the activity, either overt or covert, or when a private actor operates as a willful participant in joint activity with the state or its agents. Id.


    {¶15} In short, “state action may be found if, though only if, there is such a ‘close nexus between the State and the challenged action’ that seemingly private behavior ‘may fairly be treated as that of the State itself.’ “ Id. at 295, 121 S.Ct. 924, 148 L.Ed.2d 807, quoting Jackson v. Metro. Edison Co. (1974), 419 U.S. 345, 351, 95 S.Ct. 449, 42 L.Ed.2d 477


    http://www.sconet.state.oh.us/rod/do...-ohio-6717.pdf

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Absolute and Conditional Discharge
    By shin in forum Criminal Charges
    Replies: 7
    Last Post: 01-28-2009, 04:42 AM
  2. Jail: Absolute Pardon
    By Redeliz in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 01-27-2009, 08:37 AM
  3. Replies: 12
    Last Post: 09-11-2008, 12:28 AM
  4. Criminal Law Issues: Absolute Discharge
    By amany in forum Immigration Issues
    Replies: 1
    Last Post: 03-03-2008, 09:33 AM
  5. Defamation: In My Case How Do I 'Prove' Absolute Truth?
    By DRobertson in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 03-31-2006, 04:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources