Purdue University, the next fight for the Constitution

Huntington Political Examiner ^ | 11/19/2009 | Mark Shoffner

[mshoffner]

Bert Chapman, a faculty member at Purdue University, has drawn a lot of resentment and protest since writing a blog last month. Mr. Chapman blogs at Conservative web page Townhall.com. His views are extremely conservative, and his blog posting of Oct. 17, 2009 is no different. In the post, Mr. Chapman shows his opinion on homosexuality, citing his disagreement with the lifestyle based upon religious principle. Throughout the article, he brings in statistics on the costs of treating AIDS, the problems of tainted blood supplies, the forcing of medical personnel to treat STDs. All of these he seems to throw upon the back of the gay community.

[mshoffner]

Liberals call for free speech unless it is against their views.

[jessduntno]

Socialism in America...

[crescen7]

I don’t believe this is really a Constitutional issue. The Constitution does not recognize a right to “employment.”

Probably a poor analogy but, the US Army should be able to dismiss an officer that blogs about the merits of Jihad.

Or maybe a Catholic school should be able to dismiss a teacher that blogs about the merits of abortion on demand.

Sorry, but if you choose to work for a pro-gay, ultra PC group you shouldn’t be surprised at their reaction - and unless they arrest you, fine you, or imprison you - it’s not a Constitutional issue.

[edcoil]

Where is the government agency recommending holding off on all AIDS testing until the age of 50 - like cancer screening?

[crescen7]

This question applies to the issue of Constitutionality how ???

[pctech]

ping for later

[Ratman83]

State funded school

[hoosier hick]

Last I knew, 40% of the CDC budget was spent on AIDS research— for a disease that is 100% preventable. I was actually surprised how little flap this made on campus, it was more of a media thing....

hh

[hoosier hick]

Your employer is allowed to limit your free speech rights in the performance of your job. Beyond that, if they set guidelines (which Purdue did) and an employee follows them (which he did), there are no grounds for disciplinary action. Any disciplinary action taken is a violation of free speech rights, but until then, it is premature to discuss Constitutional connections....

hh

[mshoffner]

Isn’t it amazing that they fight over someone’s comments, but neglect the information?

[crescen7]

"Any disciplinary action taken is a violation of free speech rights"

I must disagree. The right to free speech recognized in the Constitution prohibits Governments from creating a crime based on speech, which would result in the deprivation of life, liberty, or property.

In the context of employment, the Constitution is silent. It's possible the State of Indiana provides some protection against termination without cause. If the University specifically violated either their own published guidelines or state statute, then they should be held to account on that basis.

But it's not an issue of a Constitutional guarantee to keep your job no matter how badly you publicly speak against the stated policies of your employer.

[crescen7]

“State funded school”

not relevant to the question of “Constitutionality”

[Ro_Thunder]

What about a high school teacher who has photos taken of her in a bikini on a fishing boat, years before she’s a teacher. If the school finds the pictures on the internet, can they fire her?

(Hint - They did. It happened in Florida).

Why does something that is legal, and happened years before your employment, have a thing to do with what you do now?

/too many busy bodies shoving their noses up others behinds

[Ratman83]

Government can not violate first amendment.

[crescen7]

The whole point is that termination of employment is not a criminal sanction. He’s not being threatened with fine or prison or any criminality - hence, not a constitutional issue.

doesn’t matter if the employer is public or private - the 1st amendment applies to making speech a crime - not a condition of employment.

[Ratman83]

No, it is not crimminal sanction it is “infringing on the freedom of speech”

Know your rights

[crescen7]

"No, it is not crimminal sanction it is “infringing on the freedom of speech”

It is perfectly legal for an employer to "infringe on the freedom of speech" - as there is nothing to compel one to work at a particular job. It happens frequently. The Constitution limits the power of government.

hence, the first amendment -

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.

There is nothing in the reading of that sentence that can be construed to give a person protection from being fired from a job. To do so is to find "rights" the "emanate from the penumbra" as is the practice of the left and the advocates of a "living breathing" Constitution.

[tcrlaf]

Purdue IS a bastion of liberalism, but not nearly to the extent that many other universities are.

Engineering requires FACTS over rhetoric, which is why liberalism doesn’t sell well, here.

Can you IMAGINE the uproar if he had written this as a staffer at Indiana University-Bloomington?

[Ratman83]

Government can not violate the first amendment (the school if government). I am sorry that your rights mean so little to you, they me alot to me. If you do not understand the erosion of our rights in this country then there is no hope for you IMHO.

[Ratman83]

He also did not break the school rules for speech.