OT 1st Amendment is gone

[bcranebcrane]

"Schilling's termination comes after the former pitcher shared an anti-transgender meme on his Facebook page Tuesday.​

"ESPN is an inclusive company. Curt Schilling has been advised that his conduct was unacceptable and his employment with ESPN has been terminated," the network said in a statement."
​

I am not condoning anything he did, but it seems that freedom of speech is being violated everywhere in the name of political correctness. I'm really surprised that someone has not challenged a firing or a suspension like this as a violation of their 1st amendment rights. Any lawyers that can tell us why this would not be a violation of 1st amendment rights after all they seem to definitely be abridging his freedom of speech. Note that the offense took place on his facebook page not an ESPN outlet. If he had posted anti-republican meme would he have also been fired. Who is to judge what conduct is unacceptable if it does not violate a law. Feels like we are quickly slipping into McCarthyism all over again.

 

[wps88 2.0]

Freedom of speech doesn't exist when you represent a major network.

Freedom of speech doesn't mean freedom of consequences.

 

[mikedamone]

Was Shilling jailed? Does the law still allow him to say whatever he wants?

Freedom of speech doesn't mean you have freedom from repercussions.

If Dan Enos(for example) went into a press conference and said "F Arkansas. F Bret Bielema. F Jeff Long. And especially, F the fans", he'd be let go immediately. He couldn't hide behind freedom of speech.

You or I may agree or not agree with Shilling's opinion. But the constitution doesn't protect his employment at ESPN.

 

[gswhite]

He is free to say that as much as he wants. He is not going to jail or deported. No rights were ever violated.

 

[U Boar Me]

No. No, it's not. 1st amendment lives on. Curt wasn't killed or imprisoned. His rights were exercised with his speech.

Curt was employed and his employer has rights as well. His employer has the right to enforce certain rules of conduct, in that these same rules apply to everyone in the the organization, and are equally enforced.

Curt exercised his rights, his employer exercised its rights.

The reason you won't see litigation is that Curt knows what I just typed is fact. There will be severance, but not lawsuit for wrongful termination. And if there is such a suit, it's laughable marketing, at best.

 

[razrback5]

I don't disagree with schilling but he's not been imprisoned for what he's said. He still exercised his first amendment rights it just cost him his job because he works for liberal ass Disney.

 

[Chauvinist Pig]

If he had posted anti-republican meme would he have also been fired.

My guess would be No

 

[FFAPIG]

"Schilling's termination comes after the former pitcher shared an anti-transgender meme on his Facebook page Tuesday.​

"ESPN is an inclusive company. Curt Schilling has been advised that his conduct was unacceptable and his employment with ESPN has been terminated," the network said in a statement."
​

I am not condoning anything he did, but it seems that freedom of speech is being violated everywhere in the name of political correctness. I'm really surprised that someone has not challenged a firing or a suspension like this as a violation of their 1st amendment rights. Any lawyers that can tell us why this would not be a violation of 1st amendment rights after all they seem to definitely be abridging his freedom of speech. Note that the offense took place on his facebook page not an ESPN outlet. If he had posted anti-republican meme would he have also been fired. Who is to judge what conduct is unacceptable if it does not violate a law. Feels like we are quickly slipping into McCarthyism all over again.

Quite simply the right to freedom of speech is only protected against infringement by the government. Outside of an interaction or relationship with the government freedom of speech does not exist, is not protected, nor is it even implied. A private citizen, company, or even a publicly traded company, as long as it is not a government entity, can hold you accountable and or restrict your statements as it relates to your relationship or contract with said entity,

 

[dmjinc71]

1st amendment protects you from being arrested for saying what you want. It doesn't mean that your employer can't fire you for violating your terms of employment. If you get drunk and tell your wife you slept with her sister, she may divorce you. That isn't a violation of your free speech.

I don't know what meme he shared, and I don't really care. When you represent a media company, you understand that how you conduct yourself off-the-job can cost you. This wasn't the first time Schilling had annoyed the ESPN brass. He's a very outspoken guy, and they didn't like it. Yet he is free as a bird. 1st Amendment working exactly as it should.

If you want to see examples of what life is like without freedom of speech, look at Turkey, where around 2000 legal cases have been opened for people insulting the president. They are currently trying to convince Germany to extradite a comedian who insulted the Turkish president. In Germany. That is a place that doesn't have freedom of speech.

 

[bcranebcrane]

Ah all very good points. Could you say that he is being discriminated against for his viewpoint? I suppose that is not illegal either.

To those of us who are not self-employed. Do you hold opinions that you feel your employer could fire you for ... similar to this situation?

I guess I probably do. My employer came out against some proposed laws recently that I didn't particularly like but I agreed with the opinion they were trying to back.

 

[mdmk]

Anyone can say whatever they want to anyone they want doesn't mean there aren't consequences to what you say. Do I think he should be fired for that no but there are consequences when you work for a big company.