{"id":211810,"date":"2017-08-15T11:53:07","date_gmt":"2017-08-15T15:53:07","guid":{"rendered":"http:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/why-the-first-amendment-wont-protect-charlottesville-white-supremacists-from-being-fired-marketwatch\/"},"modified":"2017-08-15T11:53:07","modified_gmt":"2017-08-15T15:53:07","slug":"why-the-first-amendment-wont-protect-charlottesville-white-supremacists-from-being-fired-marketwatch","status":"publish","type":"post","link":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/first-amendment-2\/why-the-first-amendment-wont-protect-charlottesville-white-supremacists-from-being-fired-marketwatch\/","title":{"rendered":"Why the First Amendment won&#8217;t protect Charlottesville white supremacists from being fired &#8211; MarketWatch"},"content":{"rendered":"<p><p>    The ugly and tragic events in Charlottesville, Va., which    resulted in the death of one 32-year-old woman who was hit by    a car, have sparked rallies across the country  and the    firing of at least one white nationalist marcher.  <\/p>\n<p>    Trending hashtags on Twitter  #nazihunter and    #goodnightaltright  and accounts like @yesyoureracist are calling on the public to    identify people who attended the white nationalist rally in    Charlottesville so they can be brought to justice. At least    one alt-right marcher has already been fired by his company    for reportedly attending the    march; he worked as a cook for the    Berkeley, Calif., hot dog chain Top Dog. I think its really    important as a statement to show thats not tolerated,    one customer told NBC Bay Area.  <\/p>\n<p>    Experts say employers like Top Dog, who dont agree with views    their employees express, have every right to fire those    employees without any notice. The white nationalist marchers in    Charlottesville chanted anti-semitic and racist slogans    such as Jew will not replace us and blood and soil, a    phrase used by Nazis, as they carried tiki torches and weapons,    as they made their way onto the University of Virginias    campus. They were opposing the removal of a statue of Confederate    general Robert E. Lee.  <\/p>\n<p>    Employees are legally protected from being fired based on    discrimination, for their race, color, religion, sex, or    national origin, according to the Civil Rights Act of 1964. But    the First Amendment, which prohibits the government from    interfering in the free exercise of speech and religion, does    not protect employees who make statements or donations in favor    of causes their employers disagree with from being fired, said    Mark Tushnet, a professor of law at Harvard Law School.  <\/p>\n<p>    But perhaps more surprising: Companies also have the right to    terminate those who clashed with the white supremacist    marchers. Attending a rally  no matter what side youre on     can get you fired. Private-sector employees are generally    employed at the will of the employer, Tushnet said, and their    employers can fire them as they see fit. That includes    disagreement with what they say in public, he said. (One big    caveat: The employer could open itself up to lawsuits if it    fires someone in what turns out to be a case of mistaken    identity.)  <\/p>\n<p>    Who is at risk of getting fired all depends on the company.    Journalists were warned not to attend the womens march in    Washington, D.C. following Trumps inauguration. The editor of    The Atlantic, for example, told employees they couldnt do    anything that might be perceived as political,    except vote. In 2011, two NPR journalists were fired for    participating in Occupy Wall Street protests. But if you    work for the American Civil Liberties Union? Taking time out to    march for a social cause may even burnish your    credentials.  <\/p>\n<p>    Talking about sensitive politics at work, posting on social    media, or making donations to a political cause can also be    grounds for firing, said Paula Brantner, senior adviser at    Workplace Fairness, an    employment law nonprofit. Employees sometimes mistakenly think    giving a donation to a candidate is private, but its public    record, and can cost you your job if an employer says I dont    want someone who supports this candidate working with me, she    said.  <\/p>\n<p>    There are exceptions to this rule. Some states including New York,    California and the district Washington, D.C., have specific    laws that protect employees from being disciplined for their    political activities outside of work, said Merrick Rossein, a    professor of law and former acting dean of CUNY Law School in    New York, but even in those states, employers could argue that    employees views or actions make them unable to do their job    well.  <\/p>\n<p>    And many employees dont even have to attend a rally to be    terminated. The author of the now infamous Google memo    about diversity was dismissed from his job for saying women    are inherently unsuited for jobs in tech, in part because    theyre prone to being neurotic. The employer is    also perfectly fine to say we dont want people who have those    opinions working for our company, Brantner said. The employee    in question, software engineer James Damore, is reportedly exploring legal action    against Google.  <\/p>\n<p>    Im not going to be the one to tell people not to participate    in rallies or support a candidate, Brantner added, but I want    people to be aware there are potential consequences.  <\/p>\n<p><!-- Auto Generated --><\/p>\n<p>View post:<br \/>\n<a target=\"_blank\" href=\"http:\/\/www.marketwatch.com\/story\/why-charlottesville-protesters-are-being-named-shamed-and-fired-2017-08-14\" title=\"Why the First Amendment won't protect Charlottesville white supremacists from being fired - MarketWatch\">Why the First Amendment won't protect Charlottesville white supremacists from being fired - MarketWatch<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p> The ugly and tragic events in Charlottesville, Va., which resulted in the death of one 32-year-old woman who was hit by a car, have sparked rallies across the country and the firing of at least one white nationalist marcher. Trending hashtags on Twitter #nazihunter and #goodnightaltright and accounts like @yesyoureracist are calling on the public to identify people who attended the white nationalist rally in Charlottesville so they can be brought to justice <a href=\"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/first-amendment-2\/why-the-first-amendment-wont-protect-charlottesville-white-supremacists-from-being-fired-marketwatch\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[94877],"tags":[],"class_list":["post-211810","post","type-post","status-publish","format-standard","hentry","category-first-amendment-2"],"_links":{"self":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts\/211810"}],"collection":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/comments?post=211810"}],"version-history":[{"count":0,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts\/211810\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/media?parent=211810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/categories?post=211810"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/tags?post=211810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}