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How is the NFL fining players for free speech legal?

Discussion in 'Sports and News' started by schiezainc, Oct 25, 2008.

  1. PopeDirkBenedict

    PopeDirkBenedict Active Member

    Re: How is the NFL legally fining players for free speech legal?

    Just a reminder for all of the constitutional scholars posting on this thread: the First Amendment begins with the words "Congress shall make no law." Not "Your employer shall make no rule." The First Amendment applies to the government. The Constitution protects you from the government stifling your speech. Now some forms of speech may be protected by other laws (i.e. union organizing). But the notion that Plaxico Buress has a protected right to criticize the officiating without penalty from the NFL is, legally speaking, poppycock.
     
  2. broadway joe

    broadway joe Guest

    Re: How is the NFL legally fining players for free speech legal?

    Amazing how widely misunderstood the concept of First Amendment rights is. Generally speaking, a private business like a team or league has the right to penalize an employee for statements that are damaging to that business. Unless the Giants want Plaxico jailed for his comments or seek some other governmental sanction, there's no constitutional violation there.
     
  3. outofplace

    outofplace Well-Known Member

    Re: How is the NFL legally fining players for free speech legal?

    http://www.cleveland.com/browns/index.ssf/2008/10/behind_the_scenes_of_winslows.html

    Story on Winslow's suspension, with a bit more detail.

    The Browns are within their rights here, but it doesn't seem right at all.
     
  4. gingerbread

    gingerbread Well-Known Member

    Re: How is the NFL legally fining players for free speech legal?

    Amen. See: Don Imus.
    To paraphrase one of the board's greats, some "journalists" here really need to do better.
     
  5. schiezainc

    schiezainc Well-Known Member

    Re: How is the NFL legally fining players for free speech legal?

    I'm just asking a question because I didn't think it was legal to fine someone for this type of behavior. I figured it would be akin to penalizing someone for their religious beliefs. I guess, given the venom, that I was incorrect.
     
  6. gingerbread

    gingerbread Well-Known Member

    If you're a journalist, you really should understand the First Amendment.
    Hell, if you're a citizen, you really should understand the First Amendment. Just sayin'.
     
  7. Guy_Incognito

    Guy_Incognito Well-Known Member

    This happens around here every 3-4 months. All these same people will make the same mistake again.
     
  8. schiezainc

    schiezainc Well-Known Member

    No, I get where you're coming from. I just wish that once, just once, someone could ask a question on this board without being rained down on with sarcasm.

    But, hey, keep on truckin' right?
     
  9. broadway joe

    broadway joe Guest

    No venom intended, dude, at least not from me. Like I said, it's widely misunderstood. You're far from the only one.
     
  10. JR

    JR Well-Known Member

    Journalists shouldn't misunderstand it. That was gingerbread's point, I think
     
  11. imjustagirl

    imjustagirl Active Member

    Someone telling you you're wrong isn't the same as sarcasm.
     
  12. Mystery_Meat

    Mystery_Meat Guest

    Gee, schiezanic, you've shown us the light! Fuck the Founding Fathers and thousands upon thousands of legal scholars, you and ONLY you have gotten the essence of the First Amendment! Plaxico Burress should sue the NFL for damages! Nobody should EVER have to experience the ramifications of their words, because as well all know now, thanks to you, the First Amendment shields us from them! Do you impression of Bruce Willis in the opening scene of Die Hard With A Vengeance! Tell your publisher that you want to run a train on his 5-year-old daughter! Take a gigantic dump in the middle of the busiest intersection in town and say it's because you're protesting for Quebec independence! It's all OK! The First Amendment and schiezanic say so!

    PROTIP: That was sarcasm.
     
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