Who has the Right?

[polysciguy420]

Correct me if I’m wrong, but isn’t “expression” (i.e. political, religious, etc…) considered to be protected under the first amendment of our Constitution? Recently at work, however, I was asked by one of my managers to remove a wristband displaying the face of Che Guevara as it was deemed a display of “political affiliation”. I wear the wristband all the time, including at work, and have never had a problem with management until recently, no customer has ever seemed offended by my political display except for the occasional customer who may actually give me a compliment. Anyways, long story short, the reason for me writing this thread is to inquire whether or not my first amendment rights were violated by being asked to remove something deemed “political” when it is my understanding that political expression is protected at all times as an American citizen under the 1st amendment and the 14th amendment making the 1st binding on states. Any thoughts?

[Captain Hilts]

1. You don't have a 'right' to that job. nt

[paulsby]

2. you are wrong

an employer can set a dress code, and that includes no "messages" to include political messages.

your first amendment rights don't mean you can call him an asshole either. he will probably fire you if you do, and he is within his rights in doing so.

fwiw, generally speaking, the 1st amendment is a restriction on GOVERNMENT.

although, even though i work for govt. *i* can't wear any political apparel or stuff at my job either, fwiw.

[The Velveteen Ocelot]

3. The First Amendment prevents the government from infringing on your free speech.

It does not apply to private parties, such as employers.

[annabanana]

4. Captain Hilts is correct. If you are on his clock +/or property.. he can

pretty much fire you for anything except age, race, gender... that sort of thing..

[polysciguy420]

12. ?

why are age race, and gender exempt?

[blogslut]

13. Because of Federal employment law

How could you not know that, considering your handle is polysciguy420?

[annabanana]

14. lol. . . and he's gone. . .n/t

[blogslut]

5. Keep your eye out for co-workers who wear political symbols

...and see if they're asked to remove them. If not, then you've got something to work with if you decide to take it up with management.

As for your free speech rights as an employee, the company you work for may have an across-the-board policy forbidding such displays, especially if you work in the service industry. I am assuming you work for a privately-owned business and they get to set the standards. You could take it to court but that will be costly and you may not win nor like the precedent set if you lose.

[SmileyRose]

6. You can wear or not wear whatever you want.

you have the right to your free speech, but if you employer doesn't like it you might be exercising that right someplace else.

[Laelth]

7. The 1st Amendment only limits the government.

Is your employer "the government"? If not, then your employer can limit the speech/expression/clothing of its employees at will.

:dem:

-Laelth

[scarletwoman]

8. Your political expression is protected from interference on the part of the government.

The First Amendment only applies to actions by the government, not your employer.

sw

[Caliman73]

9. Your employer is correct.

Although it seems a "dick" move, you are employed at the employer's will and they can dictate dress code and reasonably require that you not display your politics on your person. As a representative of that agency, they have a right to expect you to follow their policies and it is not a violation of your 1st amendment rights for them to do so on the clock.

[realisticphish]

10. If it's a private company, check the dress code

if there's a clause to the effect of "... and anything else the manager deems offensive, blah blah" or flat out restriction of political display, then you have no choice :shrug:

and even if there ISN'T a clause, unless the policy states that you CAN wear political attire specifically, then they can still do whatever the hell they want.

[alfredo]

11. Cover Che's image with some masking tape. That way you can wear the

band and stay within the rules of the workplace. At the end of the day the tape will come off easily. We all have to make little concessions from time to time. It sucks but if you need the job, bend a bit. He should be within his rights.

When I ran a business I wouldn't allow any political signs, even those I supported. I didn't want to drive away any paying customer.

[Deja Q]

15. Even public institutions have a dress code.

Certain societal standards make this a necessity, in any venue.

"Che" has precious little to do with it; if - for example - I went to work wearing a dubya t-shirt (made in China and dipped in formaldehyde, of course), I'd be in violation of the policy because the shirt might cause an unsavory distraction. (Ditto for Obama or anyone else.) Mind you, I'd rather wear a live skunk on my head and live with the stench than to wear a dubya t-shirt, but that's beside the point... ditto for any other politician... or known political insignia. Then again, as an individual, I rarely wear clothing that freely advertises something else. Companies and other entities can pay me to advertise for them; not the other way around.

[datasuspect]

16. i often have to put a bandaid over my third eye when i go to work