It’s not free speech when you’re in a contractual situation, which it is in this case, since you are in a licensed institution as an employee. As stupid as the law is it will probably hold up under judicial review.
The only way issues like this and baking cakes and serving people etc... will get resolved in the favor of people’s personal beliefs and opinions is if there is some type of sweeping ruling that incorporates freedom of association and speech within business licensing code OR if the argument derives from the common municiple code wording that “nothing within this code shall be construed as to deny anyone their constitutional rights” and the individual uses that as a basis to refuse to enter into the licensing contract in the first place.
>>It’s not free speech when you’re in a contractual situation, which it is in this case, since you are in a licensed institution as an employee. As stupid as the law is it will probably hold up under judicial review.<<
I disagree, though I’m no lawyer. You’re talking about holding one’s job, and I agree with that. But criminalizing the act is an entirely different matter.
The Ninth Circuit might uphold it because they’re as loony as the CA legislature, but I doubt this will come down to a 5-4 Supreme Court ruling. More like 8-1 or 9-zip.
how sweeping is that other then workplace? Does that include common internet communications? Or maybe social media's on the internet?
Wouldn't this law as written segregate people at work? if you miss spook at work you could go to jail. Logical course of action is to not talk too that person. If must talk to that person make sure everything is in writing.
“It’s not free speech when you’re in a contractual situation, which it is in this case, since you are in a licensed institution as an employee. As stupid as the law is it will probably hold up under judicial review.”
Oh yes it is free speech. The employer can fire them in a contractual situation, but the government may not arrest and imprison them for violating that contract.
.
>> “It’s not free speech when you’re in a contractual situation, which it is in this case, since you are in a licensed institution as an employee. As stupid as the law is it will probably hold up under judicial review.” <<
Bullshit!
Wishful thinking on your part.
.
A business license does not magically mean the employer can have the employee arrested for saying something like “he” instead of “she”. At most it means they can fire them.
In all actuality, holding a license probably makes you MORE liable not to violate civil rights.