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	<title>Comments on: Um, Can I have my Freedom of Speech Back?</title>
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	<link>http://www.clarksvilleonline.com/2007/05/24/um-can-i-have-my-freedom-of-speech-back/</link>
	<description>The voice of Clarksville, Tennessee</description>
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		<title>By: David W. Shelton</title>
		<link>http://www.clarksvilleonline.com/2007/05/24/um-can-i-have-my-freedom-of-speech-back/comment-page-1/#comment-2638</link>
		<dc:creator>David W. Shelton</dc:creator>
		<pubDate>Sat, 26 May 2007 15:42:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.clarksvilleonline.com/2007/05/24/um-can-i-have-my-freedom-of-speech-back/#comment-2638</guid>
		<description>Christopher, this is a good piece. I think your message is pretty clear, and it&#039;s very important that what we say in our private lives DOES reflect on our employer.

I&#039;m keenly aware of this. My job is pretty high-profile in my company, and I literally travel the country as its representative. I&#039;m always keeping this in mind when I start prattling on about GLBT rights or politics in general. 

I&#039;m reminded of what a friend of mine said over at the http://board.revolutionchurch.com website: &quot;The right to swing your arms ends at the other guy&#039;s nose.&quot; I&#039;d be foolish to speak out publicly against a company for which I&#039;m employed for a great many reasons. The first reason is that I actually love my job. They&#039;re great people to work with, and I love what I do.

The second reason is that while the right to free speech is indeed a Constitutional right according to the First Amendment, it does not apply when private business is concerned. 

Keep in mind that the Constitution is for the Federal government. Even the freedom of religion is restricted to Congress: &quot;Congress shall pass no law respecting the establishment of religion nor prohibiting the free exercise thereof.&quot; This means that even though I&#039;m a pastor of a small church, I should not go about preaching while at my job. I wasn&#039;t hired to preach Christ. I was hired to do the task for which I am employed. 

Sadly, some believe that they have as much a right to proselytize while at work as they do on the street. If an employer has a policy that mandates that an employee remain at their post except while on break, then the employer has a right to fire that employee if they violate that policy. 

This is a little different when the Internet comes into play. If an employee were to defame their employer on a public blog, then that employer has a right... and even a responsibility to take action. After all, Tennessee is one of the few states that is a &quot;right to fire&quot; state, which says that anyone can be terminated from their job for any reason. Unfortunately, this opens up many employers to civil lawsuits more than usual.

Some employers have a clear process that must be followed when someone is terminated. That manager should have documentation out the wazoo before making the decision to fire someone. Others just say, &quot;You&#039;re fired. Get out.&quot; 

So is there free speech while at work? Well, no. For example, there&#039;s not free speech at a call center. Employees are not permitted to say certain things over the phone. If I were to tell my US senator that I think he&#039;s a jerk and has no business being in that office, then there&#039;s free speech. But if I were to say that to a customer, my free speech (and possibly my job as well) goes right out the window.

So yes, people should indeed be careful. What we say is a direct reflection of ourselves, our education, and ultimately, our employer. Let&#039;s use that power of speech wisely!

Again, good piece!</description>
		<content:encoded><![CDATA[<p>Christopher, this is a good piece. I think your message is pretty clear, and it&#8217;s very important that what we say in our private lives DOES reflect on our employer.</p>
<p>I&#8217;m keenly aware of this. My job is pretty high-profile in my company, and I literally travel the country as its representative. I&#8217;m always keeping this in mind when I start prattling on about GLBT rights or politics in general. </p>
<p>I&#8217;m reminded of what a friend of mine said over at the <a target="_blank" href="http://board.revolutionchurch.com"   rel="nofollow">http://board.revolutionchurch.com</a> website: &#8220;The right to swing your arms ends at the other guy&#8217;s nose.&#8221; I&#8217;d be foolish to speak out publicly against a company for which I&#8217;m employed for a great many reasons. The first reason is that I actually love my job. They&#8217;re great people to work with, and I love what I do.</p>
<p>The second reason is that while the right to free speech is indeed a Constitutional right according to the First Amendment, it does not apply when private business is concerned. </p>
<p>Keep in mind that the Constitution is for the Federal government. Even the freedom of religion is restricted to Congress: &#8220;Congress shall pass no law respecting the establishment of religion nor prohibiting the free exercise thereof.&#8221; This means that even though I&#8217;m a pastor of a small church, I should not go about preaching while at my job. I wasn&#8217;t hired to preach Christ. I was hired to do the task for which I am employed. </p>
<p>Sadly, some believe that they have as much a right to proselytize while at work as they do on the street. If an employer has a policy that mandates that an employee remain at their post except while on break, then the employer has a right to fire that employee if they violate that policy. </p>
<p>This is a little different when the Internet comes into play. If an employee were to defame their employer on a public blog, then that employer has a right&#8230; and even a responsibility to take action. After all, Tennessee is one of the few states that is a &#8220;right to fire&#8221; state, which says that anyone can be terminated from their job for any reason. Unfortunately, this opens up many employers to civil lawsuits more than usual.</p>
<p>Some employers have a clear process that must be followed when someone is terminated. That manager should have documentation out the wazoo before making the decision to fire someone. Others just say, &#8220;You&#8217;re fired. Get out.&#8221; </p>
<p>So is there free speech while at work? Well, no. For example, there&#8217;s not free speech at a call center. Employees are not permitted to say certain things over the phone. If I were to tell my US senator that I think he&#8217;s a jerk and has no business being in that office, then there&#8217;s free speech. But if I were to say that to a customer, my free speech (and possibly my job as well) goes right out the window.</p>
<p>So yes, people should indeed be careful. What we say is a direct reflection of ourselves, our education, and ultimately, our employer. Let&#8217;s use that power of speech wisely!</p>
<p>Again, good piece!</p>
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