matt_may
matt_may t1_irolq68 wrote
Reply to comment by wherearemypaaants in NY and NJ officers found on an Oath Keepers list a year back still have their jobs by hau5keeping
Private employers sure but government employees have a lot more rights when it comes to speech/employment. There is a whole body of cases on this dating back to the then Communist Party “hate group”
matt_may t1_iro215h wrote
Reply to NY and NJ officers found on an Oath Keepers list a year back still have their jobs by hau5keeping
Can a lawyer weigh in on this? Pretty sure it’s a 1st Amendment issue. Just being a member of a group don’t think can be used to fire someone. Case law on this go back to the Red scare of the 1950’s.
Not a defense of alt-right organizations, etc.
matt_may t1_irqair9 wrote
Reply to comment by rainzer in NY and NJ officers found on an Oath Keepers list a year back still have their jobs by hau5keeping
There is a bunch of case law on this that makes it hard to fire government employees for not on the job political speech. The SCOTUS weighed in 2006, much later than Holmes, in the "Garcetti" Ruling. There’s a 3 part test. None of that exists for private employment