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Thread: Koran burner Derek Fenton booted from his job at NJ Transit

  1. #11
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Your Star View Post
    I think the complaint comes from that he was employed by the government. Or am I wrong?
    It is a government run organization, but in who they hire or fire in such cases should be no different then if it was a private business
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Lord Tammerlain View Post
    |And he was free to say it. No government thugs came and stomped on him to prevent him from saying what he wanted. His employer on the other hand did not want the bad publicity of having him on the payroll
    If he worked for a private company, this wouldn't be a problem. However, this guy is a government employee, which means that the employer is bound by the First Amendment and cannot fire him for protected speech.
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by RightinNYC View Post
    If he worked for a private company, this wouldn't be a problem. However, this guy is a government employee, which means that the employer is bound by the First Amendment and cannot fire him for protected speech.
    A question then

    If he spent his weekend dressed up in a neo nazi outfit saying Hitler didnt do a good enough job, he should not have lost his job at the Transit co
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Degreez View Post
    Sues them for what? Wrongful termination? That's laughable.
    How about interfering his Constitutional RIGHT to FREE SPEECH.

    Wrongful Termination would first be taken up by the State Labor Board only to get his job back, unless he wants to go directly to litigation.

    One more thing. In a Civil case the plaintiff can win a case based on a preponderance of evidence, beyond a reasonable doubt does not apply.

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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Lord Tammerlain View Post
    A question then

    If he spent his weekend dressed up in a neo nazi outfit saying Hitler didnt do a good enough job, he should not have lost his job at the Transit co
    No.

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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Councilman View Post
    How about interfering his Constitutional RIGHT to FREE SPEECH.

    Wrongful Termination would first be taken up by the State Labor Board only to get his job back, unless he wants to go directly to litigation.

    One more thing. In a Civil case the plaintiff can win a case based on a preponderance of evidence, beyond a reasonable doubt does not apply.
    He still has the right to free speech does he not. In fact he now has more time to practice it in full
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Lord Tammerlain View Post
    He still has the right to free speech does he not. In fact he now has more time to practice it in full
    But he was fired because he was practicing his free speech. Fired from a government job, which they shouldn't be able to do.
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Lord Tammerlain View Post
    A question then

    If he spent his weekend dressed up in a neo nazi outfit saying Hitler didnt do a good enough job, he should not have lost his job at the Transit co
    Unless his off-duty speech is made pursuant to his official duties or otherwise interferes with the agency's ability to effectively provide services, he can say whatever the hell he wants.

    Overview of the general concept: http://www.law.duke.edu/shell/cite.p...ke+L.+J.+1+pdf (pdf)

    Discussion of this particular situation: The Volokh Conspiracy New Jersey Public Transit Employee Fired for Blasphemy
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Lord Tammerlain View Post
    He still has the right to free speech does he not. In fact he now has more time to practice it in full
    That's not how free speech works. It's like saying that someone is free to criticize the government, but they'll just have to do it from a jail cell.

    A right that is unduly burdened isn't a right at all.
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    Re: Koran burner Derek Fenton booted from his job at NJ Transit

    Quote Originally Posted by Your Star View Post
    But he was fired because he was practicing his free speech. Fired from a government job, which they shouldn't be able to do.
    His job is to perform a service to the public, when you excersise your freedom of speech it does not mean you will not have any consequences from it. You can lose friends, business or your job. You will not be thrown in jail, be arrested, or have your property confiscated by the government because of it
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