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[–] p0ssum [S] 6 points -4 points (+2|-6) ago 

Yes it does. Consequences are a restraint to free speech.

Freedom of speech simply means the gov't can't charge you with a crime, but even that has it limits. For instance, you cannot yell fire in the theater. That is a crime.

However, in case you haven't noticed, people are often fired for Facebook postings, correct? Is that illegal to fire them, the courts don't seem to think so.

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[–] ElementalPee 0 points 4 points (+4|-0) ago 

Freedom of speech doesn't have to exclusively involve the government. For example, From ACLU's "What is Censorship" page:

Censorship, the suppression of words, images, or ideas that are "offensive," happens whenever some people succeed in imposing their personal political or moral values on others. Censorship can be carried out by the government as well as private pressure groups.

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[–] p0ssum [S] 5 points -3 points (+2|-5) ago 

Absolutely, but those are the consequences I am talking about. You can say whatever you want, but depending on how it is dispersed(social media, political rally), there can be consequences for your actions regardless of whether or not what you said is covered under free speech.

[–] [deleted] 0 points 2 points (+2|-0) ago 

[Deleted]

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[–] p0ssum [S] 3 points -1 points (+2|-3) ago 

Ok, so you, conspicuously didn't answer my question. Is it legal for an employer to fire someone for something they say on facebook? And if so, doesn't that destroy your whole argument?

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[–] StateOfMind ago  (edited ago)

That is the first amendment. Freedom of speech is the bigger idea that led to the first amendment, but the two are not the same. One is a grand idea, and the other is a legal provision that requires the govt. to adhere to that grand idea.

Private employers can fire people without violating the first amendment, but they are still violating the idea of freedom of speech (which they are legally allowed to do). They cannot fire people for Facebook posts and still claim they believe in the freedom of speech. In a truly free society, the only consequence of speech would be counter-speech in the form of criticism, not losing a job.

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[–] p0ssum [S] 1 point 0 points (+1|-1) ago 

but they are still violating the idea of freedom of speech

Keep in mind the person was able to say what they wanted. Nobody stopped them from having their free speech. What they cannot do is have free speech without fear of reprisal. Yes, you can say what you want, but your employer can fire you for it. Yes, you can say what you want, but the SJW's have JUST as much right to shout you down and say what a terrible person you are. In face there are a number of ways, already in case law that LIMITS speech:

To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919)

To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957).

Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).

Of students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007)

You cannot slander(lie) about someone

Purely free freedom of speech, or speech without any consequence, does not exist. It cannot exist in an open society. You would have to squelch the speech of others protesting or disagreeing, and that would limit their rights. It's a balance that has been codified in the laws, as detailed above.

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[–] 3348825? ago 

There's a difference between the First Amendment and Free Speech.

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[–] p0ssum [S] 2 points -1 points (+1|-2) ago 

Yes, and it's further refined through case law.