Rosanne gets the ax!

[Rigby5]

The government didn't interfere in Roseanne's free speech. Her employer did and that is legal.

No, the law is quite clear employers can not legally infringe or discriminate, and one of the protected areas is political expression.
Employers can suppress political expression in the work place to a degree, but not out of the workplace.

{...
The National Labor Relations Act, which does cover private employers, may not apply directly to political speech per se in the private workplace. However, it does give non-supervisory employees a limited right to engage in free speech and other protected concerted activities for their “mutual aid and protection.”

For example, under this federal labor law, employees may wear union buttons or insignia in the workplace, absent special circumstances. They may engage in solicitations for political causes on their employer’s property so long as neither the employee doing the solicitation and the employee being solicited are not engaging in such activities during working time.

Similarly, employees may engage in distribution of political materials on the employer’s property so long as the distribution does not occur in working areas. Moreover, employers who allow candidates to come on to their property and campaign, may undermine their rights to maintain and enforce otherwise lawful limits on employee solicitation or distribution.

Court rulings and opinions of the General Counsel of the National Labor Relations Board (NLRB) also make it clear that employees can engage in political campaign activities that may be contrary to the interests or positions of their employer. For example, discharging employees for campaigning against immigration reform or for repeal of a state’s right to work law would be unlawful.

The NLRB has also recently been very active in applying the right of employees to engage in protected concerted activities for their mutual aid and protection to social media such as Facebook and Twitter — even when the employees are not working. The NLRB has published three extensive reports in the past year expounding on these rights. Thus, employers should be careful to appreciate and not violate rights of employees who exercise their emerging rights to use such forms of social media.

...}
https://www.tlnt.com/political-speech-in-the-workplace-employers-beware/

 

[Rigby5]

Preachers and Fire chiefs have been fired for Facebook rants.. You are simply wrong.

What one says is what matters, not where they say it.
Of course anyone can get fired for libel or slander.
But Roseanne committed no crime.
She was just being critical of Jarrett.
That is her right to say anything she wants about a public figure.
It is still illegal to fire her over it.

 

[Leonthecat]

No, the law is quite clear employers can not legally infringe or discriminate, and one of the protected areas is political expression.
Employers can suppress political expression in the work place to a degree, but not out of the workplace.

{...
The National Labor Relations Act, which does cover private employers, may not apply directly to political speech per se in the private workplace. However, it does give non-supervisory employees a limited right to engage in free speech and other protected concerted activities for their “mutual aid and protection.”

For example, under this federal labor law, employees may wear union buttons or insignia in the workplace, absent special circumstances. They may engage in solicitations for political causes on their employer’s property so long as neither the employee doing the solicitation and the employee being solicited are not engaging in such activities during working time.

Similarly, employees may engage in distribution of political materials on the employer’s property so long as the distribution does not occur in working areas. Moreover, employers who allow candidates to come on to their property and campaign, may undermine their rights to maintain and enforce otherwise lawful limits on employee solicitation or distribution.

Court rulings and opinions of the General Counsel of the National Labor Relations Board (NLRB) also make it clear that employees can engage in political campaign activities that may be contrary to the interests or positions of their employer. For example, discharging employees for campaigning against immigration reform or for repeal of a state’s right to work law would be unlawful.

The NLRB has also recently been very active in applying the right of employees to engage in protected concerted activities for their mutual aid and protection to social media such as Facebook and Twitter — even when the employees are not working. The NLRB has published three extensive reports in the past year expounding on these rights. Thus, employers should be careful to appreciate and not violate rights of employees who exercise their emerging rights to use such forms of social media.

...}
https://www.tlnt.com/political-speech-in-the-workplace-employers-beware/

Racism is not political expression.

 

[Leonthecat]

What one says is what matters, not where they say it.
Of course anyone can get fired for libel or slander.
But Roseanne committed no crime.
She was just being critical of Jarrett.
That is her right to say anything she wants about a public figure.
It is still illegal to fire her over it.

Racism is not political expression.

 

[Leonthecat]

Then try actually looking at the law.
It says very clearly that no one can infringe upon political expression outside of the work place, and that attempts to do so by contract or work place regulation is totally illegal.

Racism is not political expression.

 

[Leonthecat]

No, all the states pretty much agreed upon the same rights in the federal Bill of Rights.
And it does not even matter if they did or not, because after the 14th amendment, the SCOTUS started "incorporating" rights from the Bill of Rights as also applying to everyone everywhere, not just as restriction on federal infringement.
The last was the 2nd amendment with Emerson and in 2008, DC vs Heller.
So now there are federal laws preventing employers infringing upon free political expression by employees, especially off hours.

{...
The National Labor Relations Act, which does cover private employers, may not apply directly to political speech per se in the private workplace. However, it does give non-supervisory employees a limited right to engage in free speech and other protected concerted activities for their “mutual aid and protection.”

For example, under this federal labor law, employees may wear union buttons or insignia in the workplace, absent special circumstances. They may engage in solicitations for political causes on their employer’s property so long as neither the employee doing the solicitation and the employee being solicited are not engaging in such activities during working time.

Similarly, employees may engage in distribution of political materials on the employer’s property so long as the distribution does not occur in working areas. Moreover, employers who allow candidates to come on to their property and campaign, may undermine their rights to maintain and enforce otherwise lawful limits on employee solicitation or distribution.

Court rulings and opinions of the General Counsel of the National Labor Relations Board (NLRB) also make it clear that employees can engage in political campaign activities that may be contrary to the interests or positions of their employer. For example, discharging employees for campaigning against immigration reform or for repeal of a state’s right to work law would be unlawful.

The NLRB has also recently been very active in applying the right of employees to engage in protected concerted activities for their mutual aid and protection to social media such as Facebook and Twitter — even when the employees are not working. The NLRB has published three extensive reports in the past year expounding on these rights. Thus, employers should be careful to appreciate and not violate rights of employees who exercise their emerging rights to use such forms of social media.
...}

https://www.tlnt.com/political-speech-in-the-workplace-employers-beware/

Racism is not political speech.

 

[Leonthecat]

Does not matter what is in the contract, because I already posted CA and NY law that prohibits contract clauses infringing on free political expression.

If an employee where to put a clause in a contract that violated any inherent right, such as discrimination over age, sexual orientation, gender, race, religion, or political expression, then the employer has committed an additional crime.
The fact employees can be coerced into signing such contract, does not make it any more legal or enforceable.

Roseanne is already a professional comedian who literally has to say outrageous thing continually, and since she already ran for president as a socialist, there is no way anyone could expect her to suppress her political expression. ABC knew that before the show even got started. They can't legally balk now.

Racism is not political expression.

 

[Rigby5]

you were wrong about Michigan, I expect you are wrong about many others......

No I am not.
Rights do not have to be explicitly enumerated.
And the MI constitution is sufficient for a judge to rule in Roseanne's favor if it had happened in MI.

But I also quoted federal law, just in case.
Clearly political discrimination is banned everywhere in the US.

I will repeat the last lines again in case you did not read it.

{... The NLRB has published three extensive reports in the past year expounding on these rights. Thus, employers should be careful to appreciate and not violate rights of employees who exercise their emerging rights to use such forms of social media. ...}

 

[Leonthecat]

tracking your link to the Michigan law an employer is NOT barred from firing an employee if he dislikes his employee's political orientation......

Being a racist is not a political orientation.

 

[Rigby5]

Racism is not political expression.

That is silly not only because Roseanne's tweet was not at all racist, but racism most DEFINITELY is and always had been protected political expression.
Nothing can hardly be more political than racist ideology.
And in fact, racism is inherent to all individuals, and it is in their DNA.
The fact we intellectually know better, and can prevent our inherent racism from manifesting in illegal discrimination, is not relevant.

 

[Leonthecat]

No I am not.
Rights do not have to be explicitly enumerated.
And the MI constitution is sufficient for a judge to rule in Roseanne's favor if it had happened in MI.

But I also quoted federal law, just in case.
Clearly political discrimination is banned everywhere in the US.

I will repeat the last lines again in case you did not read it.

{... The NLRB has published three extensive reports in the past year expounding on these rights. Thus, employers should be careful to appreciate and not violate rights of employees who exercise their emerging rights to use such forms of social media. ...}

Expressing your racist beliefs is not a political expression.

 

[Rigby5]

Racism is not political expression.

That is just dumb.
Obviously racism is always protected political expression.

 

[Leonthecat]

That is silly not only because Roseanne's tweet was not at all racist, but racism most DEFINITELY is and always had been protected political expression.
Nothing can hardly be more political than racist ideology.
And in fact, racism is inherent to all individuals, and it is in their DNA.
The fact we intellectually know better, and can prevent our inherent racism from manifesting in illegal discrimination, is not relevant.

You are insane and your argument displays your abhorrent personal racism.
Give it up racist.

 

[Leonthecat]

That is just dumb.
Obviously racism is always protected political expression.

You are a racist.
So is Roseanne.
Give it up.

 

[Rigby5]

Expressing your racist beliefs is not a political expression.

Of course racism is political.
What makes anything political is when you express it to others, to gain support for the ideology.
It is only if they keep silent about their beliefs that it has not become political.

 

[Rigby5]

You are insane and your argument displays your abhorrent personal racism.
Give it up racist.

You don't seem to even know what racism is, nor are you making any sense.
Political freedom REQUIRES defending unpopular expressions as well as popular ones.
If you believe in suppressing any legal views, then it is you who are illegally discriminating.

 

[Rigby5]

Being a racist is not a political orientation.

Of course it is.
Racism was involved in the Civil War for example, and the Civil War is one of the most significant political upheavals we ever had in this country.
It would be insane for anyone to claim racism is not political.

 

[Leonthecat]

Of course racism is political.
What makes anything political is when you express it to others, to gain support for the ideology.
It is only if they keep silent about their beliefs that it has not become political.

Racism is not an ideology. It is pure ignorance.

 

[Rigby5]

You are a racist.
So is Roseanne.
Give it up.

If Roseanne were a racist, then why would she run for president as a socialist?
The socialist platform is very strictly anti-racist.
I can't think of any one more anti racist then Roseanne.
She is about as left wing as anyone can get and still get Hollywood to let them on the stage.
You really need to look up some facts.

 

[Leonthecat]

Of course it is.
Racism was involved in the Civil War for example, and the Civil War is one of the most significant political upheavals we ever had in this country.
It would be insane for anyone to claim racism is not political.

The civil war was brought on by treason. Not political upheaval.