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Bigoted Remarks not Protected by First Amendment
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Bigoted Remarks not Protected by First Amendment
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Hi, can you help. While commuting yesterday, a radio sound byte announced that the Supreme Court had ruled that bigoted remarks made by an employee that created a hostile environment were not consider
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Forums » Topic Forums » Legal Forum » Bigoted Remarks not Protected by First Amendment
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Bigoted Remarks not Protected by First Amendment
posted at 8/4/1999 2:22 AM EDT
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Posts: 36
First: 8/4/1999 Last: 10/26/2002 |
Hi, can you help. While commuting yesterday, a radio sound byte announced that the Supreme Court had ruled that bigoted remarks made by an employee that created a hostile environment were not considered protected as free speech. Is this true? What is the ruling? Where can I get a copy? (fax 925 246 8454)
Thank you! |
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Bigoted Remarks not Protected by First Amendment
posted at 8/5/1999 12:34 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Very correct, even if that was a recent ruling. The employer has a right to deem what is appropriate in the workplace - free speech is pretty much left at the doorstep. With the exception of protected concerted activity in discussing the workplace, speech, including inflammatory and discriminatory remarks, does not have to be tolerated.
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Bigoted Remarks not Protected by First Amendment
posted at 8/5/1999 2:11 AM EDT
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Posts: 363
First: 7/30/1999 Last: 9/29/2005 |
If you're talking about what I think you're talking about...it was a California Supreme Court opinion, not U.S. So the immediate implications of that ruling would only apply to members of this site in CA.
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Bigoted Remarks not Protected by First Amendment
posted at 8/5/1999 2:24 AM EDT
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Posts: 363
First: 7/30/1999 Last: 9/29/2005 |
The opinion is on this site at FindLaw. About halfway down, under CA Supreme Court, the Avis Rent a Car case. The ".doc" file is easier to handle than the "pdf" file.
Todd http://www.findlaw.com/california/ca02_caselaw/899ca.html#supreme |
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Bigoted Remarks not Protected by First Amendment
posted at 8/12/1999 4:52 PM EDT
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Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
If you are talking about the CALIFORNIA Supreme Court, I believe the following is the case to which you refer. The case is Aguilar v. Avis Rent A Car System, Inc. (Cal. Sup. Ct., Aug. 2, 1999).
The court was sharply divided in this case. It let stand an injunction which forbade an employee from continuing to use racial epithets against Latino employees, and which also forbade his employer from allowing him to continue doing so. The Court rejected arguments that the injunction was violative of the free speech protections granted in the federal and state constitutions, including the "prior restraint" doctrine that generally forbids government from restricting FUTURE speech. |
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