Daily Archives: August 9, 2017

Americans believe deeply in their right to speak freely and will proudly cite the First Amendment of the US Constitution to support it. Theres often a fundamental misunderstanding about what kind of speech is protected precisely, and Americans tend to believe they are more free than they really are.

In fact, employers in the US can fire almost anyone for almost any reason or no reason at all, as long as the termination is not discriminatory or retaliatory. This means that James Damore, the Googler fired for writing an internal anti-diversity memo claiming women arent biologically suited to engineering, probably will not have a viable wrongful-termination suit against his former employer.

Constitutional protections apply to government action, not private entities. The First Amendment provides that Congress shall make no lawabridging the freedom of speech, or of the press. In other words, the government cant limit your speech. A company certainly can under most circumstances: Google and other companies can fire employees for saying things that displease the bosses, with limited exceptions.

Of course, Googles termination of Damore does seem retaliatory since it follows the release and broad discussion of his memo. Thats not necessarily a problem for the company from a legal perspective.

Unless Damore can somehow prove that conservative male technologists are a protected class and that the company retaliated against him for exercising his right to speak freely under federal or state anti-discrimination law, Google likely would be OK. Considering that Google is also facing a US Department of Labor lawsuit for discrimination in the pay and hiring of female employees, it seems highly unlikely Damore will succeed in any legal action, His memo only supports the discrimination clams made by women, which led to the US investigation, and undermines Googles arguments that it ensures equal treatment in the workplace.

Damore told Bloomberg News that hes exploring his legal options. His chances of winning are probably quite limitedor perhaps nonexistentgiven the context of his termination.

Federal law prohibits terminating employees because of their race, gender, national origin, disability, religion, genetic information, or age (if above 40 years old). It also prohibits most employers from firing someone for being pregnant or having a medical condition related to pregnancy or childbirth.

Employers cant legally retaliate against employees who speak up about discrimination, assist in a government investigation, or refuse to participate in or choose to expose a companys illegal actions. A terminated employee who can prove one of those things will succeed in a wrongful-termination retaliation claim. Still, thats not so easy. To advance such a claim, an employee must prove three findings:

As the fact appear to be known, it seems highly unlikely Damore will succeed in a wrongful-termination suit. Yet he has already succeeded in making his employment and termination more widely known in the media than the plight of the women who say they were underpaid or never hired at Google. And now he has a job offer from Julian Assange.

More here:
Free-speech rights don't apply in the American workplace, as Google demonstrates - Quartz

By Doyin OyeniyiAugust 8, 2017

On August 1, the Southern Methodist University student group Young Americans for Freedom posted an open letter to their Facebook page. The letter, addressed to the universitys president, Robert Gerald Turner, criticized SMU for its response to the groups request to display a 9/11 memorial on Dallas Hall lawn, the same spot where the campus gathered after the attack in 2001. The memorial, a display of 2,977 American flags to represent the lives lost on 9/11, has been constructed on the lawn for the past two years.

This year, however, the memorial is barred from Dallas Hall lawn. The new location, designated for all lawn displays, is Morrison-McGinnis Park, or MoMac Park, which the YAF describes as far less prominent than the iconic Dallas Hall lawn, adding that thousands of students, faculty and local residents pass by [Dallas Hall lawn] every day and serves as the heart of our campus. But in addition to the location change, the organization particularly had a problem with the language used in the policy, which they received in July as a response to their request. The policy, titled Memorial Lawn Displays, read:

The University respects the right of all members of the SMU community to express their opinions. The University also respects the right of all members of the community to avoid messages that are triggering, harmful, or harassing. It is the policy of the University to protect the exercise of these rights. These rights come with the responsibility not to abuse or violate civil and property rights of others, or to interfere in the conduct of University business.

YAF criticized that language as an attack on freedom of speech and warned that the university was headed in the direction of indoctrination, not education if they continued to limit students right to share and express their beliefs. The open letter is signed by the chairman of Young Americans for Freedom, the president of College Republicans, the co-presidents of College Democrats, the president of Mustangs for Life, and the president of Feminist Equality Movement. The idea that a 9/11 memorial could be triggering, harmful, or harassing has drawn criticism online and even from Governor Greg Abbott.

In response to the backlash, SMU released a statement explaining that YAFs requests for displays have been approved in previous years, and SMU as a community has held 9/11 memorial events every five years since 2001, including a notable event last year in collaboration with area first responders. The university also apologized for the inappropriate wording in the policy sent to the students, explaining that the policy had not gone through the appropriate approval process. The updated policy, now titled Lawn Displays, reads:

The University respects the right of SMU community members to express their opinions as individuals with varying points of view and interests. The university also respects the right of all members of the academic community to be free from coercion and harassment. Reasonable limitations may be placed on the time, place and manner of such expression activities in order to serve the interest of health and safety, prevent interference in the conduct of University business, and protect against the infringement of the rights of others. Because we seek truth, we encourage the expression of ideas, accept challenges to our assumptions, and treat those whom we question as colleagues sharing a common purpose.

Kent Best, a spokesperson for SMU, said that the wording on triggering or harassing lawn displays was only to explain why certain requests might not be approved, but that the restriction would never have applied to the 9/11 memorial.The policy change was made in the July, Best said, just a few days before YAFs request was received.I can assure you 100 percent that their display was going to be approved, Best said.

What didnt change between the two versions of the policy was the new location. Best said that there were no specific incidents that led to no longer allowing displays at Dallas Hall lawn, but rather a need to keep that area available for students use and other university activities. Referencing a map of SMUs campus, Best explained that MoMac Park was more centrally located on campus and that though Dallas Hall lawn was bigger, displays had never been allowed to use the entire space on the lawn.

When asked if there were events that would have conflicted with this years 9/11 memorial, Best explained that a football game tailgate on September 9 would take place on the lawn. Since YAF might need to put up the flags for the memorial the day before 9/11, tents from the tailgate might not be removed in time, Best said, but he added that the decision to move lawn displays to MoMac Park was made before the were aware of any scheduling conflict. On the YAFs Facebook page, the group posted a screenshot of a tweet from SMU in 2015, which includes a picture with the flags from their memorial next to tailgating tents.

SMU cant hide the fact that they celebrated and supported our 9/11 Memorial on Dallas Hall lawn, despite it being surrounded by remnants of tailgating tents from the weekend before, the photo caption reads. This isnt a logistical problem. This is a freedom problem. Our pressure will continue until this policy is changed.

Although the university has not confirmed it, Daniel Rosa, president of Mustangs for Life, and Matthew Lucci, co-president of College Democrats, believe that the policy change was a response to a Mustangs for Life display. Rosa said that for the past four years, during the spring semester, the organization has displayed a Memorial for Innocents to signify the number of abortions that happen per day in America. For the past three years, the display has been about 2,000 crosses spread on the lawn.In recent years, there have been counter-protests and displays by pro-choice organizations such as Feminist Equality Movement and Mustangs for Unity (an organization created in response to Mustangs for Life). Rosa says people have sometimes kicked over crosses in his organizations display, and this year, a student responded to the display by raising money for Planned Parenthood. But the representatives from the groups, who might publicly disagree on many things, both want Dallas Hall lawn available for displays again.

Of the three displays that occur every single year, the 9/11 display has never been controversial, whereas the other two have, Lucci said. And the text of the original policy change hints at that.Lucci doesnt believe that SMU had malicious intent toward the 9/11 memorial, but he still considers the restriction of lawn displays to MoMac Park as a limitation. Because the park is mostly surrounded by dorms and receives less foot traffic than Dallas Hall lawn, which he describes as the academic center of the university, relegating them to an area where lawn displays are not likely to receive the attention and response theyve received in the past, Lucci believes the university is in a way restricting their freedom of speech.

Best could not confirm any plans to change the lawn display policy, but students are holding out hope. On Monday, student leaders who signed the open letter met with Kenechukwu Mmeje, SMUs new vice president for student affairs, to discuss the policy changes. Although details of the meeting, which included representatives from SMUs development and legal departments, were scarce, Lucci seemed hopeful. Student and administrative leaders are working together on a solution to the problem at hand, the details of which are still under consideration at this time, he said after the meeting. I am confident that the administration of Southern Methodist University and the students in attendance will be able to reach an agreement in the near future.

Tags: Dallas, Education, Higher Ed, smu, southern methodist university

Link:
SMU Student Groups: Moving The 9/11 Memorial Restricts Freedom of Speech - Texas Monthly

Anti-free speech demonstrators protesting in the name of social justice could cost The Evergreen State College in Olympia, Washington$3.8 million in legal payments.

In late May, fifty Evergreen students barragedlong-time biology professor Bret Weinstein for refusing to comply with radical Left-wing activists calls for a Day of Absence for white faculty and students. The leftist protesters, convinced Weinsteinis a white supremacist for daring to show up to work on their own racist segregation day, hurled vitriolic insults and demanded the college terminate the professors employment contract.Videos of Evergreen students verbally assailing the professor and school officials quickly went viral.

After being told by the college chief of police that he was not safe on campus, Weinstein wisely had his family live in hiding. In response, the beleaguered Weinstein has fileda $3.8 million tort claim against the college.

Weinstein himself is no card-carrying conservative, however.Weinstein,a self-professed liberal, has taught biology for fourteen years, is an outspoken Sen. Bernie Sanders supporter, and by all accounts is the kind of teacher that students at one of the most left-wing colleges in the country would admire, as the New York Timesglowingly put it in its June 1 article, When the Left Turns on Its Own.

Shutting down conservatives has become de rigueur. But now anti-free-speech activists are increasingly turning their ire on free-thinking progressives. Liberals shouldnt cede responsibility to defend free speech on college campuses to conservatives. After all, without free speech, whats liberalism about?

Ironically, when Weinstein was a student he penned anOctober 6, 1987 opinion piece to the Daily Pennsylvaniandecrying a fraternity for hiring strippers during a fraternity rush partyas sexist and abhorrent. Weinstein chose to voice his opinions peacefully; his students chose wanton chaos. In an op-ed tothe Wall Street Journal,Weinstein notes that the Evergreen faculty administrationhas donelittle to preserve order, free speech, and diversity of thought as the school has slipped into madness:

Equality of outcome is a discredited concept, failing on both logical and historical grounds, as anyone knows who has studied the misery of the 20th century.

[The college administrationsnew race-based hiring plan would] shift the college from a diversity agenda to an equity agenda by, among other things, requiring an equity justification for every faculty hire.

This presented traditional independent academic minds with a choice: Accept the plan and let the intellectual descendants of Critical Race Theory dictate the bounds of permissible thought to the sciences and the rest of the college, or insist on discussing the plans shortcomings and be branded as racists. Most of my colleagues chose the former, and the protesters are in the process of articulating the terms. I dissented and ended up teaching in the park.

The Day of Absence that led to the incident stems from a tradition at Evergreen in which black students and faculty leave campus to display the importance of their roles at the school, following the theme of Douglas Turner Wards play, Day of Absence.

Butin 2017, Reasonreports, the tradition was altered: a student group asked that their white peers and instructors take a Day of Absence from campus life to explore issues of race, equity, allyship, inclusion and privilege. A powerful tradition has been morphed into a campaign to snuff out free speech, and silence dissent. Unfortunately, Evergreen is not the only campus with such problems.

Freedom of speech on college campuses in America is under widespread attack. CRC has covered muchof the campus anti-free speech epidemicat Claremont McKenna College, where student activists weredisciplinedappropriately.

Continued here:
The War on Free Speech Turns Further Left - Capital Research Center - Capital Research Center