Posted on 09/17/2010 8:13:33 AM PDT by IbJensen
A New Jersey train conductor who burned pages from the Quran outside the planned location of a mosque near ground zero has been fired by the New Jersey Transit, but he is arguing that his First Amendment rights were violated.
Mat Staver, founder and president of Liberty Counsel, believes the action is simply a sign of political correctness gone awry. He recognizes that there are strong feelings nationwide, but he goes on to suggest that America is not the first nation to have to deal with this type of situation.
"There are many places around the world where these giant Muslim Islamic centers are being built as signs of conquest, and it is causing significant controversy all over the globe," the Liberty Counsel founder notes.
But he recognizes there is special sensitivity in the U.S. because of 9/11.
"...He has a constitutional right to be able to do what he did in this case," Staver contends. "The fact that he was fired is an overreaction, and it's a sign of political correctness taking precedent over someone's constitutional rights."
Staver goes on to point out that the man was off duty and was not wearing a uniform when he burned the pages, so his action had no reflection on the New Jersey Transit, especially since he was employed in a nonpolicy-related role.
(Excerpt) Read more at onenewsnow.com ...
His job has nothing to do with showing his distaste for the mooselimbs! He has a life away from the passenger train business!
How dare they drag him away in handcuffs.
Your comment would indicate that you’re against free speech. If you’ll recall burning flags and such is an expression of FREE SPEECH. Even pornography,as filthy as it is has been construed as free speech.
I disagree. His voice was not silenced, his job was terminated. These are two different things.
As far as the difference between public and private, this would depend of the structure of the transit authority, what they have in their existing employment rules, etc.
Do I think it’s right, no, but there are consequences for your actions. Suffering those is not a squelch of your rights.
Can you imagine anyone being fired for TOO MUCH political correctness? This guy should have an INSTANT WINNER in court, but at usual, it will depend upon who appointed the judge.
You’re simply incorrect.
this ———> You’re simply incorrect. <——— this
we’ll see.
What you and I may believe is right is not how the country works as of late.
It doesn’t matter what we think.
It’s an easy case which he will win. There is a link between the act and the firing.
“His employer has no right to fire him.”
Maybe, Padre, maybe not. As a public employee, he might, I say might, be entitled to a due process hearing and a finding of good cause before he can be fired, but at the “conductor” level, I doubt it absent a union contract clause. Even at that, the exercise of a constitutional right may still provide an employer to fire an employee for good cause.
This is speech regarding a matter of public concern and was unrelated to his duties. He can't be fired. It's a First Amendment violation.
Ok; What would I know? :)
Kolo, if they had simply let him go and kept their mouths shut, then I think they could have fired him.
However, they specifically identified a reason, totally separate from his job, for which they chose to fire him.
It seems like he has recourse against them for some kind of abuse.
It likely depends on NJ law, Padre, but as someone said, he may have a right to burn that evil book, but he likely doesn’t have any protected property right in his job.
That's precisely the point. The "deciders", the black robed crowd will tell us. Not necessarily what is right or what is or is not Constitutional.
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