Why the First Amendment won’t protect Charlottesville white supremacists from being fired

Free speech laws are not designed to protect employees in the workplace.

Experts say employers who don’t agree with views their employees express, have every right to fire those employees without any notice.

But the First Amendment, which prohibits the government from interfering in the free exercise of speech and religion, does not protect employees who make statements or donations in favor of causes their employers disagree with from being fired, said Mark Tushnet, a professor of law at Harvard Law School. - I think that this statement will eventually backfire on someone, since some case about donations are going through the courts currently.

But perhaps more surprising: Companies also have the right to terminate those who clashed with the white supremacist marchers. Attending a rally — no matter what side you’re on — can get you fired. Private-sector employees are generally employed at the will of the employer, Tushnet said, and their employers can fire them as they see fit. “That includes disagreement with what they say in public,” he said. - WHY is this so surprising? If you can fire one side for doing it, why could you not fire someone from the other side? And the next biggest problem - Just like the caveat in the story: The employer could open itself up to lawsuits if it fires someone in what turns out to be a case of mistaken identity. Don't forget that the accuser is also liable in those situations.

It is also interesting to note that the following was not mentioned very much if at all by the media: Who is at risk of getting fired all depends on the company. Journalists were warned not to attend the women’s march in Washington, D.C. following Trump’s inauguration.

Talking about sensitive politics at work, posting on social media, or making donations to a political cause can also be grounds for firing, said Paula Brantner.
There are exceptions to this rule. Some states including New York, California and the district Washington, D.C., have specific laws that protect employees from being disciplined for their political activities outside of work, said Merrick Rossein, but even in those states, employers could argue that employees’ views or actions make them unable to do their job well.

“I’m not going to be the one to tell people not to participate in rallies or support a candidate,” Brantner added, “but I want people to be aware there are potential consequences.” - What was that proverb? - What's good for the goose is good for the gander. The only BIG problem with this, is when the opposition comes to the top, realize that the same thing or tactic that you used previously can be used against you.