Duck Dynasty Star Booted

[n david]

Originally Posted by SiblingRevelry

Finally, it's been stated already but I'm going to say it again: this is not a free speech or First Amendment issue. The First Amendment only applies to government, not to business or private life. Sarah Palin and Bobby Jindal may have been or currently are governors, but they don't understand this fundamental Constitutional jurisprudence that the First Amendment doesn't apply to business. A&E can do what it wants...what can happen afterwards is people can boycott their show and their advertisers, but this is not, I repeat, NOT a government action.

Correct. While the Bill of Rights was originally written for the government, the 14th amendment expanded it to state and local governments, and the SCOTUS has broadly included the first amendment in it's decisions regarding business and private life.

That aside, while some believe it's not a free speech issue, they cannot argue against it being a violation of the Civil Rights Act, which safeguards against religious discrimination. Suspending or firing someone because of their personal opinion is discrimination, plain and simple.

[SiblingRevelry]

Originally Posted by n david

That aside, while some believe it's not a free speech issue, they cannot argue against it being a violation of the Civil Rights Act, which safeguards against religious discrimination. Suspending or firing someone because of their personal opinion is discrimination, plain and simple.

Again, it would depend on what the Robertsons' contract says. If my friend is correct and there's a non-disparagement clause, then A&E may be able to put Phil Robertson on hiatus. It's possible that Robertson could overcome that with a showing of animus towards religion (which is a protected class, like race, sex and pregnancy).

However, I've seen those cases and it's got to be REALLY REALLY SUPER-EVIDENT that there was discrimination on the basis of religion. We're not talking a one-off thing, we're talking "you will lose your job if you (for example) don't practice Scientology" and it happens over and over. I'm using that as an example because there was an article about it just yesterday where a Florida chiropractor settled with the EEOC because he was forcing his employees to study Scientology.

http://www.miamiherald.com/2013/12/1...fice-must.html

I'd also note that a lot of discrimination is perfectly legal. In an at-will employment state (which I believe Louisiana is), an employer can fire you for any reason or no reason at all (outside of the protected classes just mentioned). So if your employer didn't like the fact that you parked in the vice president's covered parking spot at work or put your lunch on top of his in the communal refrigerator in the break room, or just thought your giggle was inappropriate, in an at-will state, he can fire you. No reason required. I suspect that Phil Robertson's contract gives him far more protection than the average at-will employee.

And, as someone mentioned, it might just be a way of drumming up ratings. Who knows? These people are devious in the ways of seeking publicity.

[Sweet Pea]

Originally Posted by n david

Correct. While the Bill of Rights was originally written for the government, the 14th amendment expanded it to state and local governments, and the SCOTUS has broadly included the first amendment in it's decisions regarding business and private life.

That aside, while some believe it's not a free speech issue, they cannot argue against it being a violation of the Civil Rights Act, which safeguards against religious discrimination. Suspending or firing someone because of their personal opinion is discrimination, plain and simple.

However, there are many employers who would fire you for publicly pronouncing your beliefs in the manner Phil did. I'm NOT agreeing with the stance that A & E took; however, it was within their right to do so. Many companies have policies that state what a person can and cannot state publicly about their beliefs.

[n david]

Originally Posted by Sweet Pea

I haven't read the entire thread yet; however, this comment caught my attention. Yes - the Civil Rights Act - however, you better be very careful how this is used. It can come back to haunt churches and non-profit groups if things are not done correctly. Believe me I know.... Every church, private school, non-profit 501(c)3 organization needs to be in contact with Christian Law Association and find out just exactly how statements of ministry, handbooks, policy guidelines, etc etc should be worded to prevent future lawsuits and backlash. Preventative measures will take care of lots of things!!!!

Yes! My Pastor has the church board reviewing the bylaws right now. He attended a church leadership conference and there was a portion dedicated both to tax and financial info and also bylaws. If your church bylaws aren't specific in your belief on marriage, it should be! We're currently updating ours in order to try to prevent any possible lawsuit.

Originally Posted by Sweet Pea

However, there are many employers who would fire you for publicly pronouncing your beliefs in the manner Phil did. I'm NOT agreeing with the stance that A & E took; however, it was within their right to do so. Many companies have policies that state what a person can and cannot state publicly about their beliefs.

I work for a major bank, and they don't have any policy like that. In fact, I don't recall any employer I've worked with that has a list of what you can or cannot say publicly as a private individual.

What's said on the show is one thing, what's said when asked a question in an interview is something else, IMO.

I could be completely wrong. I'm not a lawyer.