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Old 05-23-2022, 09:54 PM
 
8,425 posts, read 12,187,726 times
Reputation: 4882

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Quote:
Originally Posted by MJJersey View Post
He’s a corrections officer. If he is employed directly by the State then this is a first amendment violation for sure.
No, there's no property right in employment. Speech which inhibits the state from performing its function can get one fired. But not prosecuted for a crime.
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Old 05-24-2022, 12:55 AM
 
Location: Oklahoma
17,797 posts, read 13,698,337 times
Reputation: 17831
Quote:
Originally Posted by bus man View Post
Some people process traumatic events by engaging in gallows humor. And forgive me for being insensitive, but I don't see how this joke mocks the victims. Yes, it does make light of the event itself.
Honestly, the intent of the so called "joke" was to imply that Black people are "trash". Can you not see that?

Do you honestly think he would have come up with that quip if the victims were white?
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Old 05-24-2022, 03:34 AM
 
Location: Honolulu, HI
24,633 posts, read 9,458,962 times
Reputation: 22975
Quote:
Originally Posted by Joe the Photog View Post
Freedom of speech does not mean freedom from consequences.
Yes it does. Millions of people might post that meme, they're all not going to get fired. The difference is they were smart enough to not post it under their real identity.

Now if facebook believes dark humor violates their terms and conditions, so be it. But people do have the freedom to make tasteless dark jokes without being detained, just ask dark humor comedians.
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Old 05-24-2022, 05:36 AM
 
Location: Michigan
5,654 posts, read 6,219,394 times
Reputation: 8248
Quote:
Originally Posted by MJJersey View Post
He’s a corrections officer. If he is employed directly by the State then this is a first amendment violation for sure.
No, not for sure. Established case law shows that government can be more restrictive in its role as employer than as regulator. If the government can demonstrate a legitimate interest, such as maintaining public trust in its prison system, this would not be treated as a violation of the First Amendment. While not absolute, the government gets a lot more leeway with respect to First Amendment and outré Constitutional protections in its role as employer, and that makes sense.
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Old 05-24-2022, 06:14 AM
 
73,020 posts, read 62,622,338 times
Reputation: 21932
Quote:
Originally Posted by Wartrace View Post
Too soon and too stupid. Why on earth would someone post something like that on social media? What is to be gained? On top of THAT if you work for any employer you need to realize anything offensive you post online could be held against you and cause your employer to fire you. It is doubly stupid to post something like that when you work for the government.
He doesn't really care. He's one of those persons who has a bigoted mindset and thinks it's okay to be that way.
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Old 05-24-2022, 06:17 AM
 
73,020 posts, read 62,622,338 times
Reputation: 21932
Quote:
Originally Posted by bus man View Post
Some people process traumatic events by engaging in gallows humor. And forgive me for being insensitive, but I don't see how this joke mocks the victims. Yes, it does make light of the event itself.
I don't care. That is nothing to be joking about, period.
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Old 05-24-2022, 07:53 AM
 
Location: New Jersey
16,911 posts, read 10,594,283 times
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Quote:
Originally Posted by TBCasino View Post
Not necessarily, that post probably violated a departmental policy, and violating policy can result in termination.
Quote:
Originally Posted by Manigault View Post
No, there's no property right in employment. Speech which inhibits the state from performing its function can get one fired. But not prosecuted for a crime.
Quote:
Originally Posted by CrowGirl View Post
No, not for sure. Established case law shows that government can be more restrictive in its role as employer than as regulator. If the government can demonstrate a legitimate interest, such as maintaining public trust in its prison system, this would not be treated as a violation of the First Amendment. While not absolute, the government gets a lot more leeway with respect to First Amendment and outré Constitutional protections in its role as employer, and that makes sense.
The government can't have a "policy" that prohibits free speech either. Yes, it has some leeway when it comes to employees but the constitution still applies. In a recent case, a public university professor was fired because he refused to refer to a student by their pronoun of choice. The 5th Circuit agreed that the decision violated the professor's free speech and religious rights:

https://reason.com/volokh/2021/03/26...rst-amendment/

He won even though his speech was directed at a specific student in the classroom. I think it's going to be a harder case than people think if this guy sues as his speech had nothing to do with his employment and was made from a personal social media account.
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Old 05-24-2022, 09:00 AM
 
8,425 posts, read 12,187,726 times
Reputation: 4882
Quote:
Originally Posted by MJJersey View Post
In a recent case, a public university professor was fired because he refused to refer to a student by their pronoun of choice. The 5th Circuit agreed that the decision violated the professor's free speech and religious rights:

https://reason.com/volokh/2021/03/26...rst-amendment/

He won even though his speech was directed at a specific student in the classroom. I think it's going to be a harder case than people think if this guy sues as his speech had nothing to do with his employment and was made from a personal social media account.
Well, a professor's job is to lecture, even on controversial topics. That promotes the educational function. As you sated, this guy's job is not to cause disruptive and divisive controversy.
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Old 05-24-2022, 09:41 AM
 
Location: Howard County, Maryland
16,556 posts, read 10,630,149 times
Reputation: 36573
Quote:
Originally Posted by eddie gein View Post
Honestly, the intent of the so called "joke" was to imply that Black people are "trash". Can you not see that?
I'm being 100% honest when I say that no, I did not interpret the joke in this manner. The whole "Cleanup on Aisle 5" thing has been used as the punchline of many, many jokes over the years. Of course, if you interpreted the joke in the manner that you stated, then I can certainly understand why you would find it to be unspeakably offensive.


Quote:
Originally Posted by eddie gein View Post
Do you honestly think he would have come up with that quip if the victims were white?
Given the large number of jokes that exist about Ford's Theater and the Titanic and the Hindenburg and the Challenger and other disasters in which the victims have been mostly or entirely white people, I would say yes, he would have.
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Old 05-24-2022, 10:38 AM
 
Location: SoCal/PHX/HHI
4,135 posts, read 2,838,713 times
Reputation: 2886
Quote:
Originally Posted by MJJersey View Post
The government can't have a "policy" that prohibits free speech either. Yes, it has some leeway when it comes to employees but the constitution still applies. In a recent case, a public university professor was fired because he refused to refer to a student by their pronoun of choice. The 5th Circuit agreed that the decision violated the professor's free speech and religious rights:

https://reason.com/volokh/2021/03/26...rst-amendment/

He won even though his speech was directed at a specific student in the classroom. I think it's going to be a harder case than people think if this guy sues as his speech had nothing to do with his employment and was made from a personal social media account.
In LE or corrections, they certainly can, it's usually something along the lines of actions or behaviors that diminish the public trust in the agency. A quick google search will reveal a litany of Officers fired because of something they posted on FB.
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