Q1: A private employer in NY fires an employee after seeing videos on Facebook of the employee branding a tiki torch and wearing a KKK t-shirt at the Charlottesville, VA rally. The employee argues that his First Amendment rights were violated by the firing. Is the employee correct?
A1: The First Amendment of the U.S. Constitution protects free speech and “the right of the people peaceably to assemble.” While, the First Amendment protects the employee’s right to attend and take part in the Charlottesville rally, it offers NO protection from employment decisions made by a private employer as a consequence of the employee attending and participating in the rally.
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