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Old 05-27-2010, 07:49 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
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Earlier this week a lawyer, in Florida, was fired for speaking at Tea Parties. Well she was an employee of the state court but the story is very interesting. I think that this one may well find its way to the Supreme Court of first the state of Florida and then the SCOTUS. What do you think?

UPDATE: Prosecutor fired for Tea Party talks » Suwannee Democrat » Suwannee Democrat
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Old 05-27-2010, 07:54 PM
 
Location: Sango, TN
24,868 posts, read 24,386,012 times
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Quote:
Originally Posted by roysoldboy View Post
Earlier this week a lawyer, in Florida, was fired for speaking at Tea Parties. Well she was an employee of the state court but the story is very interesting. I think that this one may well find its way to the Supreme Court of first the state of Florida and then the SCOTUS. What do you think?

UPDATE: Prosecutor fired for Tea Party talks » Suwannee Democrat » Suwannee Democrat
Well there are different issues here.

First, would you say anything about her firing, if she had been speaking at a KKK rally? Same example, just a different angle correct?

Secondly, there should also be the right of an employer to fire or hire someone, for any reason that employer deems needed.

I understand this was a government employee, where the matter gets a bit complicated.

Lots of angles here, not just a first amendment one.
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Old 05-27-2010, 07:56 PM
 
31,387 posts, read 37,045,063 times
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Interesting, I suppose, as it usually does, on the nature of her speeches, the terms and conditions of her employment and the any relevant statutes.
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Old 05-27-2010, 07:56 PM
 
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The first amendment addresses what the US Congress may not do not what a state government may or may not do. What does the Florida constitution say?
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Old 05-27-2010, 08:01 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
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Quote:
Originally Posted by Memphis1979 View Post
Well there are different issues here.

First, would you say anything about her firing, if she had been speaking at a KKK rally? Same example, just a different angle correct?

Secondly, there should also be the right of an employer to fire or hire someone, for any reason that employer deems needed.

I understand this was a government employee, where the matter gets a bit complicated.

Lots of angles here, not just a first amendment one.
But is the Amendment involved in this if her story is correct about how she was told she could choose from the Constitution or to keep speaking? I see the Amendment involved because if he said that that way it was.
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Old 05-27-2010, 08:03 PM
 
Location: Southcentral Kansas
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Quote:
Originally Posted by ovcatto View Post
Interesting, I suppose, as it usually does, on the nature of her speeches, the terms and conditions of her employment and the any relevant statutes.
I think I saw the topics of her speeches in the article. I guess I will have to go back and read it again. I thought that the 1st Amendment was one of the topics.
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Old 05-27-2010, 08:05 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
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Originally Posted by Parcs View Post
The first amendment addresses what the US Congress may not do not what a state government may or may not do. What does the Florida constitution say?
Can you give me an example of a state that tries to tell a person what they can talk about in public? I know none that try to overcome the freedom of speech, but that doesn't say that it hasn't happened.
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Old 05-27-2010, 08:10 PM
 
31,387 posts, read 37,045,063 times
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Quote:
Originally Posted by roysoldboy View Post
Can you give me an example of a state that tries to tell a person what they can talk about in public? I know none that try to overcome the freedom of speech, but that doesn't say that it hasn't happened.
Virtually every state the Federal government restrict political activities on the part of civil servants, commonly referred to as the Hatch Act. Whether that applies in this case remains an open question.
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Old 05-27-2010, 08:11 PM
 
Location: Edwardsville, IL
1,814 posts, read 2,497,586 times
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Quote:
Originally Posted by Memphis1979 View Post
Well there are different issues here.

First, would you say anything about her firing, if she had been speaking at a KKK rally? Same example, just a different angle correct?

Secondly, there should also be the right of an employer to fire or hire someone, for any reason that employer deems needed.

I understand this was a government employee, where the matter gets a bit complicated.

Lots of angles here, not just a first amendment one.

Or maybe an American Criminal Liberties Union meeting?
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Old 05-27-2010, 08:12 PM
 
24 posts, read 46,719 times
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Quote:
Originally Posted by roysoldboy View Post
Can you give me an example of a state that tries to tell a person what they can talk about in public? I know none that try to overcome the freedom of speech, but that doesn't say that it hasn't happened.
No, I cannot. The point still stands, my state has freedom of speech in its constitution but I neither know nor care what Florida's constitution says. That is the concern of the people of Florida.
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