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is our understanding of freedom of speech changing?

waitasec

Veteran Member
(CNN) -- A Virginia sheriff's deputy has been fired for liking his boss's political opponent -- on Facebook.
Now Daniel Ray Carter Jr. is fighting back in court, arguing that a "like" should be protected by his First Amendment right to free speech. It's a case that could settle a significant question at a time when hundreds of millions of people express themselves on Facebook, sometimes merging their personal, professional and political lives in the process.
According to court documents, the case began when Sheriff B.J. Roberts of Hampton, Virginia, fired Carter and five other employees for supporting his rival in a 2009 election.
Carter's offense? Clicking the omnipresent Facebook thumbs-up to follow the page "Jim Adams For Hampton Sheriff." Roberts, of course, won re-election, leading to the firings.



Virginia deputy fights his firing over a Facebook 'like' - CNN.com


does this ultimately mean freedom of speech is literally speech and not something we can show our commitment to?
 

Revoltingest

Pragmatic Libertarian
Premium Member
I don't know if freedom of speech is changing, but it is something which is always fought over.
There are always people who oppose protected free speech when it offends them.
And the judge's ruling (if presented accurately) looks ill considered & anomalous.
 
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Willamena

Just me
Premium Member
does this ultimately mean freedom of speech is literally speech and not something we can show our commitment to?

Free-speech advocates argue that the "like" should have been clearly protected by Carter's right to freedom of expression. But a U.S. District Court judge in Virginia ruled differently saying, in effect, that free-speech protections don't kick in when someone doesn't actually say something.

I disagree with that judge. As I understand the spirit of the First Amendment in principle is to guard against persecution for having an opinion.

I agree with this guy:
Justice William J. Brennan, Jr. asserted that "if there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable."
 

Revoltingest

Pragmatic Libertarian
Premium Member
this guy was fired is because he showed his commitment to his idea by the act of clicking on the "like" button...not just speaking about his ideas but rather acting on it.
How does this action rise above mere speech?
 

waitasec

Veteran Member
I don't know if freedom of speech is changing, but it is something which is always fought over.
There are always people who oppose protected free speech when it offends them.
And the judge's ruling (if presented accurately) looks ill considered & anomalous.

i certainly hope so...
 

waitasec

Veteran Member
even with this chick fil a debacle...

yes they committed to their bigotry as they are free to do so, and others are just as free to challenge their beliefs by picketing...or by committing to an act that expresses their beliefs in a way that last longer than just saying "i disagree" but i will expose their bigotry by blogging for example....or by just clicking "like"

wonder how many employees are closeted supporters of the LGBT who are afraid they will loose their job if they "like" something on their facebook page that is in direct violation of the chick fil a agenda
 

Jainarayan

ॐ नमो भगवते वासुदेवाय
Staff member
Premium Member
The interwebz iz not protected by the First Amendment of the US Constitution. Moreover, most states are at-will, not right-to-work employment states. Unless there is a contract, or overt discrimination, anyone can be terminated for any reason, with or without cause or notice.
 

Revoltingest

Pragmatic Libertarian
Premium Member
wonder how many employees are closeted supporters of the LGBT who are afraid they will loose their job if they "like" something on their facebook page that is in direct violation of the chick fil a agenda
Perhaps employees of Amazon have the same concern if they express views opposing gay marriage, eh?
 

Revoltingest

Pragmatic Libertarian
Premium Member
The interwebz iz not protected by the First Amendment of the US Constitution. Moreover, most states are at-will, not right-to-work employment states. Unless there is a contract, or overt discrimination, anyone can be terminated for any reason, with or without cause or notice.
At will employment is not so simple. As an employer, I know that if I fire someone, & give no reason, I'm somewhat protected.
But if I give a reason which appears wrongful, I could suffer in court. Tis best to keep one's eyes open, & one's mouth shut.
To fire a deputy for liking the sheriff's opponent looks odious to me.
 

waitasec

Veteran Member
Perhaps employees of Amazon have the same concern if they express views opposing gay marriage, eh?

right that is what i am talking about.

individuals...no matter what side of the coin they are on, are afraid that if their opinion has any weight then that would be a reason to be fired.
 

waitasec

Veteran Member
At will employment is not so simple. As an employer, I know that if I fire someone, & give no reason, I'm somewhat protected.
But if I give a reason which appears wrongful, I could suffer in court. Tis best to keep one's eyes open, & one's mouth shut.
To fire a deputy for liking the sheriff's opponent looks odious to me.

then our understanding of freedom of speech is changing
:sad:


although i agree...in order to keep ones employment one must not bite the hands that feed them...

but wouldn't that be adhering to the idea of complacency and mediocrity?
 

Revoltingest

Pragmatic Libertarian
Premium Member
then our understanding of freedom of speech is changing
Could be....I don't know.

although i agree...in order to keep ones employment one must not bite the hands that feed them...
but wouldn't that be adhering to the idea of complacency and mediocrity?
That's one reason people start their own businesses.
I never really fit in well in the regular employee environment.
(Surprise, surprise!)
 

waitasec

Veteran Member
Could be....I don't know.

That's one reason people start their own businesses.
I never really fit in well in the regular employee environment.
(Surprise, surprise!)

after being self employed for 6 yrs i don't think i can ever go back....if i do i'll be kicking and screaming the whole way
 
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