Notice the outer ring--the toleration zone--deals with issues arising when, say, a private employer fires you for speech that offends someone. The employer's decision to fire you is not within the First Amendment, because the First Amendment only prohibits government from abridging the freedom of speech. Nevertheless, in a society that values free speech and tolerance, employers should not punish employees for their off-the-job speech. And it is intolerant for one to demand that speakers be fired. If you value tolerance, then be tolerant for everyone, not merely those who say things you like.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Saturday, June 02, 2018
Free Speech Chart
Thanks to 1A lawyer Casey Mattox:
Notice the outer ring--the toleration zone--deals with issues arising when, say, a private employer fires you for speech that offends someone. The employer's decision to fire you is not within the First Amendment, because the First Amendment only prohibits government from abridging the freedom of speech. Nevertheless, in a society that values free speech and tolerance, employers should not punish employees for their off-the-job speech. And it is intolerant for one to demand that speakers be fired. If you value tolerance, then be tolerant for everyone, not merely those who say things you like.
Notice the outer ring--the toleration zone--deals with issues arising when, say, a private employer fires you for speech that offends someone. The employer's decision to fire you is not within the First Amendment, because the First Amendment only prohibits government from abridging the freedom of speech. Nevertheless, in a society that values free speech and tolerance, employers should not punish employees for their off-the-job speech. And it is intolerant for one to demand that speakers be fired. If you value tolerance, then be tolerant for everyone, not merely those who say things you like.
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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