Sorry, another news from this asshole, but this is too much assholery to don’t be shared
Despite him being a shitty boss that fired employees that criticized him on twitter, he promised an “unlimited” legal defense fund to fight against employers that fired employees because of something they wrote on Twitter.
Under his tweet a lot of “verified” (=right wing) accounts plauded this and asked to fight employers who fired employees for having written something homophobic
The NLRB ruled that non-disparagement clauses are not enforceable
https://www.axios.com/2023/03/27/labor-board-says-non-disparagement-clauses-are-unlawful
It’s a clear violation of the first amendment… Also, referring to the company you work for as “we” while talking about firing another employee is cringe as fuck.
It has literally nothing to do with the first amendment.
The first amendment gives you zero protections from anyone but the government. All other entities are entitled to respond to your speech however the fuck they want.
Oh ok… So I guess that means the National Labor Relations Act is unconstitutional (it’s not, it was upheld by SCOTUS in the 30s), because it explicitly prevents employers from firing or otherwise retaliating against employees for discussing salary.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
Or do you think an employer should be allowed to fire someone for that?
Maybe don’t give this current Supreme Court any ideas given their blatant disregard for stare decisis/precedence, and Chevron deference…
You should work on your reading comprehension. None of this has any relationship to the first amendment.
The First Amendment protects the right to organize in addition to free speech. The NLRB (and the Wagner Act, the law that gives us the right to discuss wages, as well as unionize, without retaliation) have a storied history of being challenged on first amendment grounds.
People have tried arguing that an employer’s first amendment rights are violated by a law that prevents them from firing someone for any reason they want. The government codifying what an employer can and can’t fire an employee for is directly related to the first amendment.
Any time you’re talking about protected speech, or the right to organizing, its directly related to the first amendment. If you can’t see that, then I don’t know what to tell you.
Since it’s abundantly clear that you’ve never actually read the 1st amendment, let me help you out:
As you can see, employment disputes are not part of the 1st amendment. As you can also see, it restricts establishing a state religion, exercising your religion, protects you from prosecution when peacefully assembling and when you are giving the government the finger.
I suggest reading through the Constitution and it’s amendments. It’s not a long read.
This is a bad faith argument through and through. You should be ashamed of yourself for posting this.
The first amendment only protects you from being prosecuted by the government for things you say (and it’s even limited… You can’t yell fire in a crowded theatre for instance).
The first amendment doesn’t apply here, at all.