| Username |
Post |
| Priya |
Posted
on 08-Aug-02 06:53 AM
Hello all,
I have a question about this first amendment. Recently, due to some frustrations, I emailed my boss and a co-worker and wrote in that email "this guy who acts like a smart a s s" or close to that, which was directed to that co-worker guy. My boss understood the problem but warned me not to use such words "smart a s s " in the email. I told her, I did regret sending the email after I had cooled down. SO does the First Amendment allow me to use this kind of words in the emails?or does this deal with a different kind of issue? I work in a small college as a student worker.
I'd like to hear from those who are knowledgeable about this law.
Priya
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| makuro |
Posted
on 08-Aug-02 07:43 AM
Well I am no expert but I think it is better as your boss suggested not to use such words in email. First amendement gurarntees freedom of speech but that speech has to be backed by truth or at least credible circumstances/evidences which lead you to make such statement. In democracy, one can walk swinging hands, but that hands should not land on someone's face. At least in theory, First amendement lets you express whatever you think unfettered but that doesn't mean you won't be liable because there is also the defamation law. If that person whom you hinted 'smart ass' proves that words meant to him, you could be sued for making pernicious speech.
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| boris the spider |
Posted
on 08-Aug-02 09:52 AM
ah, yesh! makuro alluding to the famous quote by supreme court justice oliver wendell holmes: "my right to swing my fist ends where the other man's nose begins."
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| Golteen |
Posted
on 08-Aug-02 09:58 AM
With all do respect do the "first amendment", I think u could have used a different word than A s s.. cuz u know.. its not good when ur boss catches u with that word being used. Don't get me wrong.. but Freedom of Speech doesnt mean that u can use "smart ass" as an example.
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| Sujan |
Posted
on 08-Aug-02 11:16 AM
Priya,
I am neither a law student nor an attorney, but I will try to answer the issue you are facing. The First Amendment does not give an individual the right to say whatever they want whenever they want. The protection of the First Amendment or the Bill of Rights for that matter is depended upon exactly where the event occurs. That is to say, if the event took place on a public property the First Amendment protects you, if not, it does not. Therefore, if you are at a public college you are protected; if you are at a private institution you are not. Now, taking this general view into account let's discuss about how this applies to the use of the internet.
If you are at a public property:
The laws of the internet and applicability of the First Amendment to it is still very much a gray area. The courts are still hammering it out as we speak. If you are at a public college, for instance, you would be protected as long as your speech is not deemed derogatory, tends to inflict injury, or stirs up violence, and you are not face to face with whom you are targeting your speech. Taking this into account, your e-mail does not cause you to be face to face with your co-worker, as such the First Amendment does protect you. But, you are still on the hook to be sued by your co-worker for defamation although there have been very few cases the courts have accepted as legitimate. As far as your boss is concerned, she cannot stop you from sending e-mails to her, but she, in turn, can also sue for you defamation regardless of the content if she believes you are sending unwanted e-mails even after her warning. Also, there are state laws to be considered here, and you may wish to research it on your state government website.
If you are at a private property:
The owner of the private property has all the rights to control it and it is not limited by the First Amendment. If you happen to be at a private college, I am afraid, you are not protected at all. The administrator of the college or your boss can take disciplinary actions against you if such actions are prohibited from the rules and regulations printed by the college. On top of it, you can still be hit with a defamation lawsuit to whom you made the remarks to albeit the ability of your co-worker to prove it as such is mighty difficult.
Good luck,
-Sujan
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| ? |
Posted
on 08-Aug-02 12:23 PM
Right, first amendment doesnot provide you absolute freedom of speech. Proper use depends upon the situation. There was a very interesting and simple example about this topic in my politics class. Basically, it said if you were in a theater hall or a convention or an assembly with many people, can you shout 'fire'? You may reason that its your freedom of speech but you wont get away with it. Leave that behind, some years ago in chicago a neo-nazi group was prevented from marching thru a jewish neighborhood even though they claimed their first amendment right to do so. I think the authorities reserve the right to deem what is proper use of the first amendment. Otherwise, there would be chaos, dont you think?
So consider the situation before spinning something controversial. Besides you can explain the same thing to your boss in a much clean language anyway.
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| ! |
Posted
on 08-Aug-02 03:07 PM
Man!... No law allows you to use that kind of words... either written or spoken, I dont know credible emails are but today that must be pretty credible too. Freedom of speech does not state that you can verbally abuse anyone... Well I dont really think the person can as much sue you for name calling but maybe he can!... Think before you say/write anything will you!
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| freespeechfan |
Posted
on 08-Aug-02 06:30 PM
First Amendment does not guarantee ABSOLUTE FREE SPEECH. In a situation like yours, your corporate policies supercede constitutional guarantees, as far as setting limitations to what you can say or write or communicate, or your own views wrt the corporation while being in presence of such corporate property where such policies are enforceable. There are numerous precedences to support this. Most notable is the US Boy Scout policy of excluding certain members of society from its leadership positions, which has been upheld by US Justice system.
_fan
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| Priya |
Posted
on 08-Aug-02 09:19 PM
Thanks everyone for replying. Actually, all these replies have stirred in a fear in me.
I am a programmer and my boss is a female. But a co-worker who is a guy has never appreciated my work. Instead he has always said in front of me and others that my work is not good, not perfect and there are lot of errors. I can take it if he says that a few times and I don't even know if i have any rights to tell him to stop naggin me and my work. I know that my work is not as bad as he makes it sound because all the other higher bosses have always appreciated my work which has encouraged me to stick with the unit. One day i found him complaining to my boss what i have already done need to be changed. He kept on saying that what i had created was not good. And the point here is that what i had done was actually his idea. So i got mad with both my boss and that guy that why they were wasting my time making me do the same thing over and over. And i also told in front of them that he cannot tell me that my work is no good. At that point, he said he was just joking. I did cry that day and it bugs me that I cannot handle situations like that in a better way. Since then I have avoided working with him and I work in a different room.
So later, a file among the project i was working on was not there anymore. It was there but was blank. I got really frustrated and I emailed my boss and him at the same time and told them that i had lost the file. the exact phrase is "somebody who wanted to be a smart ass has over written my file".
I talked to my boss later and told her that English is my seond language and I might not know when to use what words. I also told her that I was really into that project and it bugged me when something that i had spend much time and effort in was missing. And when she told me that I should probably not use such words again because it might hurt them, then I replied to her that when that guy was joking he did not realize that he was hurting me. ANd it is the same thing. But I also told her I'll stay away from using any bad words again in email.
I know this little thing could get me into big trouble. But I hope this is just a lesson to be learned for me and everyone before you write something that might create something.
Priya
Please keep on posting.
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| Ann Landers |
Posted
on 08-Aug-02 11:29 PM
Priya, is the guy joking or is he really serious? Does your work suck or is he that he is jealous?
have you talked to him... reasonably... and asked him for an honest opinion and motivations? You ought to not lose it and hurl insults around. Be cool and be more stretegic. If this guys is out to get you and is politicking and talking behind you back and bent on sabotaging him, well maybe you just need to tell him and your boss that you think that is what is happening... rather than calling him names and losing your top. That way YOU lose.
Maybe you need to ask your boss whether SHE has any objections to your work. If she does, well time for you to move on fromt eh unit. But if she values your work and thinks what he says is baseless, well maybe she will stand up for you next time and tell the guy to take a hike!
But in person or email or phone, stay away from name calling...
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