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My question is, does the first amendment apply to government employees and contractors in their capacity of doing work for the state as opposed to as individual
by _8j50 4y ago
My question is, does the first amendment apply to government employees and contractors in their capacity of doing work for the state as opposed to as individuals?
These people can and do get fired for saying the wrong thing on social media or getting recorded acting like a jerk in public for example, so the first amendment does not apply to them.
I agree that the government cannot prevent citizens from boycotting but they can prevent themselves from boycotting, what I mean is employees and contractors are part of the state, agents if you will.
The 1st and I believe other amendments use the term abridging:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Termination of employment or contract is not abridging those people's freedoms, they can still boycott. The ACLU's argument boils down to whether or not termination of a contract by the state equals a punishment or if the threat of termination equals a punishment that prevents a person from excercising their freedom.
If it is a punishment or a restriction, then effectively, state employees and contractors can do anything protected by the constitution and keep their jobs. For an extreme example, can a contracor for the state police associate with white nationalists and say things in public like how the police will be on their side in their typical "race war" propaganda, and state will have to maintain their contract? Or can a teacher at an elementary school post online how he likes young girls and not lose his job because that was freedom of speech? The latter one is not political but the former example of a white nationalist arguably is political because one can argue (not that I do) that boycotting israel and desiring war against the jews (white nationalist propaganda) are both free expressions of the person's sentiment even though boycotting is an expression of disagreement and my example is one of anti-semetism.
I think federal employment law should protect these people so they can protest and boycott but I cannot agree that the constitution protects employees and other agents of the state.