YES they do... ON THEIR OWN DAMN TIME AND NOT ON THE CLOCK!!!
Posted on 09/24/2017 6:02:13 PM PDT by KevinB
I've seen so many threads in which it is incorrectly said that the players have a right of free speech that I thought someone should explain what the right of free speech actually is. (I am an attorney.)
Here is the text of the First Amendment to the US Constitution:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (Emphasis added.)
As the text makes clear, the Constitutional right of free speech only applies to government action. In private enterprise, there is no right to free speech. A private employer can absolutely fire someone for saying things the employer doesn't like whether those things are said during or outside of working hours. There is no right of free speech other than that stated in the First Amendment and that is limited to acts of the government.
NFL teams hire players to put as many rear ends in seats and eyeballs on screens as absolutely possible. If those players are out there antagonizing half the customers, that player is not doing what he was hired to do. Unless the player has a contract granting that right, the employer is free to terminate the player for engaging in those activities. There is no Constitutional protection for engaging in those activities in a private employer-employee relationship.
Almost all organizations have restrictions on your “Free Speech”. That’s why so many people get fired for “inappropriate comments” in the workplace. The org determines your free speech limits. :)
I find it remarkable that anyone can read the title of this thread and agree that NFL players don’t have Free Speech rights. All Americans have Free Speech rights. Just because the little kerfuffle today has nothing to do with Free Speech doesn’t mean that NFL players don’t have Free Speech rights.
YES! But not on company time! Football IS company time!
YES they do... ON THEIR OWN DAMN TIME AND NOT ON THE CLOCK!!!
That's because they don't have free speech rights. A "right" is something that people can do or not do without negative consequences. One cannot say someone has a "right" to free speech but at the same time claim they can be fired for exercising that right. If they can be fired, the right does not exist.
They are totally clueless as to what America is and the ideal behind its creation. The first and only country on earth that was create to protect the sovereignty of the Individual and that makes it a country worthy of respect.
Interesting.
Could you show me where in the Constitution it mentions "Free Speech Rights"?
Not keeping politics out of sports will kill sports. Oh, well.
See: First Amendment
They have Free Speech rights on their dime. But while they are “on the clock”, working for their employer, they abide by their bosses’ wishes and their written contracts. End of.
Of course not. When we go to work for someone and they pay you there are requirements for the job including hygiene, sometimes a suit and tie, etc. etc. AND IF YOU REFUSE TO COMPLY, YOU ARE FIRED.
You are not allowed to stand up on your desk and throw obscenities at the owners, customers, or suppliers. Doing so will get you fired in a second.
Does it mean that you can't do that on the street corner? Maybe. Maybe not. Again, if he or she is representing the company and customer good will, then no and that is probably part of the employee agreement.
It is more than a little troubling to me that many people see today's temper tantrum in Free Speech terms -- going so far as saying NFL players don't have Free Speech rights. Today's incidents had nothing to do with Free Speech one way or the other since the government wasn't involved.
[snip] The specific rule pertaining to the national anthem is found on pages A62-63 of the league’s game operations manual, according to a league source. It states:
“The National Anthem must be played prior to every NFL game, and all players must be on the sideline for the National Anthem.
“During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition. It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses.” [/snip]
http://www.freerepublic.com/focus/chat/3588719/posts
Really? "Free Speech Rights" is mentioned in the First Amendment?
Why don't you post it - verbatim - what the First Amendment says. Now I'm curious...
Why don't you post it - verbatim - what the First Amendment says. Now I'm curious...
I have no idea where you're going when you suggest the First Amendment doesn't protect Free Speech. Of course it does.
Yes.
This blurring of the real issue is deliberate on the part of the MSM.
That people can’t see what should be a “no-brainer” is what is so stunning.
About half the nation has allowed themselves to become idiots.
They will lose their freedoms and become 199% managed slaves.
As citizens, they have the right to free speech.
As employees, their contract stipulates standing as part of their performance, up to & including termination if they don’t.
No. The First Amendment protects us from CONGRESS, and the tyranny that these petty tyrants can inflict upon us by passing laws that abridge free speech.
THAT IS WHAT THE FIRST AMENDMENT IS ABOUT.
And we should thank our lucky stars that we have it!
All the best to you!
I know what you’re saying, though.
“Congress shall make no law...abridging the freedom of speech, or of the press;...”
You’re saying that Congress can’t legally abridge freedom of speech, therefore others can violate freedom of speech. But that passage in the Constitution assumes the right to freedom of speech by saying that Congress can’t legally outlaw it. See? And read some of the declarations and letters of those who made the Constitution. Read about the events leading up to the First Amendment. That’s where it’s really at: the intent behind a law.
But yes, in most cases, employers can fire people they disagree with on political matters. It’s not like the employers are arresting and convicting their employees. They’re only discharging them from jobs. It would be wiser, though, for such employers to turn to the right themselves, give up their vices and stop hiring lefties. Too many employers have gone to libertine-ville. Their drug-addled, sexually confused employees look and act like sideshow freaks.
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