Emerging First Amendment Debate

[Fast Gunn]

Well, of course, the answer is hell no!

Government employees are already notoriously unproductive.

I want everyone who goes to work to be as productive as they can.

. . . However, that is an entirely different topic of conversation.

Originally Posted by Whirlaway

I am not distracted, I am zeroed in on the issue......

If the employee used government computers or time to access Facebook and make political speech, then he should face the consequences....

Are you saying you want government employees to be able to use government equipment and time for purpose of politicing ?

[Whirlaway]

The facts of the case are very germaine to the question of employee use of government equipment and time for the purpose of politicking..........

Why do you keep insisting otherwise ?

[Fast Gunn]

I am sure that all of the relevant facts will be presented at trial and this case may go all the way to the Supreme Court.

You are merely trying to obfuscate the issue by asking if the liking was done on a a work computer.

For the sake of simplicity and to further the discussion, let us say that the deputy liked the page of the sheriff's opponent during his lunch hour on his own laptop.

Let's not muddy the waters unnecessarily.

Does the sheriff have the right to fire the deputy for that?

. . . The fundamental question is does the First Amendment to the Constitution of The United States provide protection in such a case?

[CuteOldGuy]

If the deputy was on his own time, and using his own equipment, I don't think the government can fire him for that. I guess I'd have know more about the employment contract. There are some government jobs where a person is precluded from expressing opinions, but I don't know if this falls into one of those categories.

My guess is that this will be resolved on a basis other than free speech. That's just how court's work. But it will be interesting to watch how they make some new law in light of social networking.

[Whirlaway]

Yeah, don't want to muddy the waters with the facts of the lawsuit !

I thought you already answered the fundamental question: That the public employee DOESN'T have a right to use government equipment or time for politicking on Facebook or otherwise !

Originally Posted by Fast Gunn

Let's not muddy the waters unnecessarily.

Does the sheriff have the right to fire the deputy for that?

. . . The fundamental question is does the First Amendment to the Constitution of The United States provide protection in such a case?

[Guest050715-1]

Originally Posted by exoticdanceweardealer

Just like anything else though. If you give a boss a reason to fire you all they have to do is wait around for a politically correct excuse to keep taking marks off of you until they finally make you fire-able. So while our protective measures over directly saying that a person shouldn't be fired for -x- offense, we still have to take into account that there is always a loophole. Unfortunately this can be a big problem with workplace discrimination.

Tis true. No one knows the back story.

Originally Posted by Whirlaway

People: Don't you think you need to ask the basic questions first ?

Do you really want employees using government time and equipment for political speech ?

I don't !!!!!!!!!!!

I’ll bet the Sheriff’s Office has Facebook blocked. I know I would if I owned an even two-man office.

I don’t have Facebook. I think it’s spooky personally. This is a perfect example. If the guy hadn’t “liked” Candidate A when he worked for Candidate B and simply just supported Candidate A and voted for him, he would still have his job.

[Fast Gunn]

From my perspective, the workplace today has become more of a battleground than it used to be.

There are far too many petty dictators in positions of power who daily misuse their authority and cause too much grief and ulcers on their employees.

That to me, is the central issue here, not some bullshit reason concocted after the fact solely to justify firing someone who does not agree with you.

The situation is worse in some environments than in others and government offices are notorious for fostering a hostile work environment.

. . . Personally, I believe that this type of censorship must be not be condoned in a free country!

[CuteOldGuy]

If we had a good economy, employees would be better able to shop for better employers, and employers would have to change their behavior to attract and retain the best employees.

So we need a President who won't continue all the policies of Bush who led us to this place. In other words, we really can't re-elect Obama.

[Fast Gunn]

That is your problem, Whirlawacko, you get distracted so easily.

The question is not whether a public employe should be using his work computer to access Facebook.

I've already conceded that an employee does not normally have that right.

I've already told you to dispense with that notion and focus on the essence of this case.

The question, for about the fifth time, is can a sheriff legally fire a deputy who liked his opponent on Facebook - on his own fucking time and on his own fucking laptop!

Even if it was the work computer, I do not think that is sufficient cause for dismal, that is merely a cover story to fire a deputy who did kiss your ass.

Originally Posted by Whirlaway

Yeah, don't want to muddy the waters with the facts of the lawsuit !

I thought you already answered the fundamental question: That the public employee DOESN'T have a right to use government equipment or time for politicking on Facebook or otherwise !

Originally Posted by Whirlaway