How free speech can get you fired

[Gerald]

In America, everyone has the right to free speech. But legally spoken remarks often have severe consequences - as the baseball coach who praised Fidel Castro has now discovered.

Ozzie Guillen, manager of the Miami Marlins baseball team, earned a five-game suspension after praising Fidel Castro in a Time magazine interview.

John Derbyshire, the conservative columnist, lost his job at the National Review after publishing an article warning his children to, among other things, avoid amusement parks with a high concentration of black visitors.

The first amendment to the US constitution protects the right to free speech, meaning Americans have the right to speak their mind.

"The courts take the position that this is the price of freedom," says free speech expert Craig Smith, of the University of California, Long Beach. As long as it is not personally defamatory, American speech is protected by law.

http://www.bbc.co.uk/news/magazine-17660865


Note: 11 April 2012 Last updated at 01:23 GMT

[flatsixes]

Just a quick clarification: The First Amendment to the U.S. Constitution provides that the government cannot restrict non-commercial speech (except in certain instances - "crying 'fire' in a crowded theater" etc).

Neither the National review nor Miami Marlins are "the government," so the First Amendment is inapplicable to them. Doesn't make them right, but doesn't make them wrong either.

[Osmium Steele]

Ozzie had every right to say what he said, and every reason to expect that consequences would follow.

Praising Fidel in MIAMI?!?!

[Diopos]

Was there a clause in his contract to suggest he couldn't have a favorable opinion for Castro?

If said contract actually included a related clause, would it be legal?

As for if it is a 1st Amendment Thingy or not, there is also article 9 of the Bill of Rights that may come into play:

" Rule of construction of Constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "

.

[Sailor Steve]

But again the 9th Amendment only applies to abuse by the Federal Government. If my place of work chooses to fire me for something I've said I can contest it in a civil lawsuit but there is no automatic protection, any more than I can hold a protest rally inside the local grocery store. The owners have rights too.

[Platapus]

Guillen had the right to say what he did.
The citizens of FL had the right to say what they did
The owners of the team had the right to do what they did

Florida is an "at will employment" state. There are only three exclusions in Florida's "at will employment" status. Florida statutes Title 31 state

448.102***8195;Prohibitions.—An employer may not take any retaliatory personnel action against an employee because the employee has1)***8195;Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
(2)***8195;Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
(3)***8195;Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
History.—s. 5, ch. 91-285.

Even though I disagree with the firing, it is legal.