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Opinion: Why I’m Suing For My Right To Flip Off The President

  

Category:  News & Politics

Via:  jbb  •  6 years ago  •  109 comments

Opinion: Why I’m Suing For My Right To Flip Off The President

Opinion: Why I’m Suing For My Right To Flip Off The President

BY: Juli Briskman - A marketing and public relations professional living in Sterling.

https://www.washingtonpost.com/opinions/im-suing-for-my-right-to-flip-off-the-president/2018/04/05/a0abcf10-38e8-11e8-9c0a-85d477d9a226_story.html?utm_term=.cf466a0509e5

 


One sunny Saturday last fall, I hopped on my bike and headed out for a ride near my home in Virginia. President Trump decided to spend some time outdoors that day, too, at the golf course he owns, not far from my biking route. Our paths crossed on Lowes Island Boulevard. As his motorcade sped by, I extended my middle finger in a brief and almost reflexive expression of my frustration with his mean-spirited and narrow-minded politics.


Juli Briskman gestures with her middle finger as President Trump’s motorcade leaves Trump National Golf Club in Sterling. (Brendan Smialowski/AFP/Getty Images)

Three days later, I lost my job .

A wire service photographer covering Trump captured the gesture, and a Voice of America reporter posted the photo online. It went viral. The next evening, I used the photo as the background on my personal Facebook and Twitter accounts, neither of which mentioned where I worked. But after the weekend, I did let my employer, Akima, know that I was the cyclist in the picture.

While acknowledging that the First Amendment protected my right to extend my middle finger, my boss told me that “corporate protection” dictated that he terminate me on the grounds of a social media policy that prohibits “obscene” or “inappropriate” content. Akima does business with the government, and company executives obviously feared that the Trump administration would (unconstitutionally) penalize my employer for my gesture. So, that Tuesday, they forced me out.

The First Amendment bars retaliation against me by Trump. But Trump doesn’t need to punish me for my speech if fear of him spurs my employer to do it. And a private employer can’t suppress my freedom of expression on my own time out of fear of illegal government retaliation without violating Virginia employment law, which is why I filed a lawsuit against my former employer this week.

I am not alone in having my ability to make a living threatened by my desire to exercise my right to free speech. No one who follows football thinks that all 50 quarterbacks signed by NFL teams in the past year are more talented than Colin Kaepernick. The president’s relentless attacks on Kaepernick’s refusal to stand for the national anthem created an environment in which many teams were reluctant to sign him and risk a backlash that could hurt their bottom line. Now Eric Reid , one of the first to join Kaepernick’s protest, is facing speculation that the salary he can draw as a free agent is reduced because he engaged in political dissent.

These are the stories that have made news, but this facilitation of speech suppression is creeping throughout the private sector. Take, for example, Protect Democracy , the nonpartisan, nonprofit organization helping me bring my lawsuit. Members of the group have told me that their mission — preventing a slide to a more authoritarian form of government — has made it difficult for them to rent office space in Cambridge, Mass.; landlords, they say, fear retaliation from the federal government.



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JBB
Professor Principal
1  seeder  JBB    6 years ago

It is every Americans right to resist. It is every Americans right to express themselves. Fly The Bird...

 
 
 
Telo
Freshman Silent
1.1  Telo  replied to  JBB @1    6 years ago

She can resist all she likes.  Her former company resisted her making them look bad.

Freedom of speech all the way.  You can say anything you want but that doesn't stop the repercussions of what you say and/or do.

 
 
 
lib50
Professor Silent
1.1.1  lib50  replied to  Telo @1.1    6 years ago
Her former company resisted her making them look bad.

Well too bad they don't seem to apply the same standards to a conservative employee. 

While Akima dismissed her, she said, the company only reprimanded a male employee who posted lewd comments on his Facebook page that used the company as his cover photo.

She said the guy called somebody a “f—ing Libtard a–hole” on Facebook.

“How is that any less ‘obscene’ than me flipping off the president?” she told the Huffington Post. “How is that fair?”

Akima didn’t returned requests for comment.

 
 
 
JBB
Professor Principal
1.1.2  seeder  JBB  replied to  Telo @1.1    6 years ago
Freedom of speech all the way.  You can say anything you want but that doesn't stop the repercussions of what you say and/or do.

Remember this next time a right winger is fired for saying deplorable things. This was a mere gesture...

 
 
 
Trout Giggles
Professor Principal
1.1.3  Trout Giggles  replied to  JBB @1.1.2    6 years ago

They won't.

 
 
 
livefreeordie
Junior Silent
1.1.4  livefreeordie  replied to  lib50 @1.1.1    6 years ago

Employers should always have the right to fire for at any time

 
 
 
Telo
Freshman Silent
1.1.5  Telo  replied to  lib50 @1.1.1    6 years ago

Then good luck to her if she can show a bias.

Personally I think what you post on social media, as long as it's not illegal, should not impact your job.  But people from both sides delve into these wide open social media pages and work to destroy the person that doesn't agree with them.

People can't agree to disagree and leave it at that they have to make the person their enemy and destroy them at all costs.  Both sides have done it and neither side is right.

 
 
 
Telo
Freshman Silent
1.1.6  Telo  replied to  JBB @1.1.2    6 years ago

As if you know me.  As I said before 

Personally I think what you post on social media, as long as it's not illegal, should not impact your job.  But people from both sides delve into these wide open social media pages and work to destroy the person that doesn't agree with them.

People can't agree to disagree and leave it at that they have to make the person their enemy and destroy them at all costs.  Both sides have done it and neither side is right.

 
 
 
Telo
Freshman Silent
1.1.7  Telo  replied to  Trout Giggles @1.1.3    6 years ago

Pretty broad brush you're painting with there Michelangelo 

 
 
 
Trout Giggles
Professor Principal
1.1.8  Trout Giggles  replied to  Telo @1.1.7    6 years ago

We shall see

 
 
 
Telo
Freshman Silent
1.1.9  Telo  replied to  Trout Giggles @1.1.8    6 years ago

Let me give you a hand

And yes this is in jest although some of the women at work have done similar items and they turn out pretty nice.

 
 
 
Rmando
Sophomore Silent
1.1.10  Rmando  replied to  JBB @1.1.2    6 years ago

I remember the time when a rodeo clown was fired for wearing an Obama mask. I don't recall liberals standing up for that guy.

 
 
 
devangelical
Professor Principal
1.1.11  devangelical  replied to  Rmando @1.1.10    6 years ago

False equivalency. No grandstand full of knuckle dragging goober racists was present for the bird flipping incident. 

 
 
 
Telo
Freshman Silent
1.1.12  Telo  replied to  Rmando @1.1.10    6 years ago

Indeed and that was idiotic as well.  People think that they have some sort of right to not be offended and they need to grow up.

PC is doing it's best to turn us into the Borg.  

 
 
 
Jasper2529
Professor Quiet
1.1.13  Jasper2529  replied to  lib50 @1.1.1    6 years ago
Well too bad they don't seem to apply the same standards to a conservative employee. 

The NY Post (and all other sources) don't state in what department the "conservative employee" worked and what his employment level/responsibilities are. Ms. Briskman was in charge of the company's social media (please see my links in previous comments) and was apparently employed by Akima for only 6 months. Please see VA employment laws that I've posted about that aspect. What did she think would happen when she admitted to posting an inappropriate photo of herself? She isn't a youngster. She's 50 and a mother of 2. Flipping the bird is still considered an obscene gesture in civilized society and in the business world. I wonder why Briskman has never had the guts to publish the name and department of the "conservative employee". 

 
 
 
Rmando
Sophomore Silent
1.1.14  Rmando  replied to  devangelical @1.1.11    6 years ago

And the rodeo where that happened didn't have a self righteous, condescending liberal woman who had such a poor upbringing that all she can do is make vulgar gestures. But please keep insulting middle America with stereotypes. It makes flipping Democrat seats there that much sweeter.

 
 
 
devangelical
Professor Principal
1.1.15  devangelical  replied to  Rmando @1.1.14    6 years ago
It makes flipping Democrat seats there that much sweeter.

Been on a sugar free diet the last 15 months?

 
 
 
PJ
Masters Quiet
1.1.16  PJ  replied to  Telo @1.1    6 years ago

So what about those companies that think black people make them look bad?  How about Jewish people?

What a sad state of affairs the United States has become when we no longer can express our personal views on our personal time for fear of retribution from the government.  The company clearly understood that under this President they were at risk of losing potential business.  The President has used his position to attack individuals and companies when they do not tow the line.   Ask Amazon

 
 
 
Telo
Freshman Silent
1.1.17  Telo  replied to  PJ @1.1.16    6 years ago

Having grown up and living in a right to work state they can fire you for any "legal" reason.  Discrimination isn't a "legal" reason.  

Other places have a "decency clause" worked into the employee guidelines which can encompass social media.

As I've stated before I don't believe that anything you do outside of work legally should impact your job.  But when you post stuff like this on social media you run the chance of "offending" someone and it's possible that with a wide open social media page someone could dox them and then put pressure on their company to fire them.  It's not right that either side does it but it happens. 

 
 
 
Spikegary
Junior Quiet
1.1.18  Spikegary  replied to  PJ @1.1.16    6 years ago

PJ, don't you work for the government?  Then you know there is stuff that you can say or do that is considered grounds for termination.  Since when did obscenity become acceptable, especially, towards the President of the United States?  The company has every right to protect itself from the fallout caused by an employee expressing themself.

 
 
 
PJ
Masters Quiet
1.1.19  PJ  replied to  Spikegary @1.1.18    6 years ago

I don't believe the company that this woman worked for was a government Agency.

If memory serves me, I believe her work didn't even know what had happened until she brought it to their attention in an effort for full disclosure in case the business received any blow back.

There were a number of options the company could have taken to protect itself while also keeping her as an employee.  They chose one option but in my opinion it was the one option which amplified the weak character of it's leadership.  

 
 
 
PJ
Masters Quiet
1.1.20  PJ  replied to  Telo @1.1.17    6 years ago

It shouldn't matter who she flipped off.   Bad behavior is bad behavior.

The company can exercise their right to fire her and she can exercise her right to sue.  

 
 
 
Telo
Freshman Silent
1.1.21  Telo  replied to  PJ @1.1.20    6 years ago

Exactly but in a right to work state she's going to have a hard row to hoe.

 
 
 
JBB
Professor Principal
2  seeder  JBB    6 years ago

Flying the bird is a peaceful way of expressing resistance. So, fly the bird proudly. Resist the Trumpocracy!

 
 
 
SteevieGee
Professor Silent
2.1  SteevieGee  replied to  JBB @2    6 years ago

She is just another in a long line of idiots who get fired for puting stupid crap on facebook.  I wholeheartedly agree with her sentiment but she'd still have her job if she had any class at all.

 
 
 
Spikegary
Junior Quiet
2.2  Spikegary  replied to  JBB @2    6 years ago

For teenagers, maybe.  And not really acceptable-it's actually a pretty childish gesture.

 
 
 
luther28
Sophomore Silent
3  luther28    6 years ago

While a somewhat futile gesture I can understand the desire. The reaction of her employer was a bit over the top in my estimation, as she was on her time not theirs and could have easily been indicating she thinks he's number 1.

 
 
 
JBB
Professor Principal
3.1  seeder  JBB  replied to  luther28 @3    6 years ago

In NYC flying the bird is a sign of, well, I don't know what but it surely is a common sight...

This lady lives near Trump's golf course. Those living near Trump feel justified flyin the bird.

I do hope she wins her lawsuit. Freedom of self expression is a pretty big right in my opine.

 
 
 
Jasper2529
Professor Quiet
4  Jasper2529    6 years ago
The next evening, I used the photo as the background on my personal Facebook and Twitter accounts, neither of which mentioned where I worked. But after the weekend, I did let my employer, Akima, know that I was the cyclist in the picture.

----------------------------

I wish her good luck with her lawsuit:

[p.13] Employee Conduct & Disciplinary Action

-------------------------------

Wrongful termination claims  in Virginia can often be complex. Like many other states, Virginia is an " at-will " employment state. This means that, absent an employment contract, either the employer or the employee may terminate the employment arrangement at any time. Also, the termination may occur for any reason, or no reason at all, as long as the motivations for firing the worker are not illegal.

And ...

 
 
 
lib50
Professor Silent
4.1  lib50  replied to  Jasper2529 @4    6 years ago

Since the SAME firm didn't care about applying same standards to a conservative employee who had the company on his cover photo who was disparagingly political against liberals, they have some 'splaining to do.  I hope they lose.

 
 
 
Jasper2529
Professor Quiet
4.1.1  Jasper2529  replied to  lib50 @4.1    6 years ago
Since the SAME firm didn't care about applying same standards to a conservative employee who had the company on his cover photo who was disparagingly political against liberals, they have some 'splaining to do.

I prepared my comment using facts from company policy and Virginia's employment laws. It's fine with me that you base your comment on a fired employee's allegation about one of her former co-workers. 

 
 
 
Dulay
Professor Expert
4.2  Dulay  replied to  Jasper2529 @4    6 years ago

The next evening, I used the photo as the background on my personal Facebook and Twitter accounts, neither of which mentioned where I worked . But after the weekend, I did let my employer, Akima, know that I was the cyclist in the picture.

Which states:

Employees are prohibited from posting illegal or prohibited materials on Company social media sites , including but not limited to materials that are harassing or discriminatory.

So why was she fired again? 

 
 
 
Jasper2529
Professor Quiet
4.2.1  Jasper2529  replied to  Dulay @4.2    6 years ago

So why was she fired again? 

 Like many other states, Virginia is an " at-will " employment state. This means that, absent an employment contract, either the employer or the employee may terminate the employment arrangement at any time. Also, the termination may occur for any reason, or no reason at all, as long as the motivations for firing the worker are not illegal.

And ...

 
 
 
Dulay
Professor Expert
4.2.2  Dulay  replied to  Jasper2529 @4.2.1    6 years ago

So no reason. Got ya. 

 
 
 
Jasper2529
Professor Quiet
4.2.3  Jasper2529  replied to  Dulay @4.2.2    6 years ago
So no reason. Got ya.

Of course I don't know the reason why she was fired. I've never worked for Akima and was never her boss/supervisor. You'll have to contact Akima to learn what you want to know. Good luck.

 
 
 
Paula Bartholomew
Professor Participates
5  Paula Bartholomew    6 years ago

I hold up three and tell people to read between the lines.

 
 
 
MrFrost
Professor Expert
5.1  MrFrost  replied to  Paula Bartholomew @5    6 years ago

I take the subtle approach and use Marine Corps diplomacy, which starts like this...

"Listen, fucker..."

 
 
 
Trout Giggles
Professor Principal
5.1.1  Trout Giggles  replied to  MrFrost @5.1    6 years ago

lol...it doesn't start with "mother"?

 
 
 
MrFrost
Professor Expert
5.1.2  MrFrost  replied to  Trout Giggles @5.1.1    6 years ago

Depended on how drunk I was.. winking

 
 
 
Paula Bartholomew
Professor Participates
5.1.3  Paula Bartholomew  replied to  MrFrost @5.1    6 years ago

laughing dude

 
 
 
JenSiNner
Freshman Silent
5.1.4  JenSiNner  replied to  MrFrost @5.1    6 years ago

I didn't realize I was intoning a military grade appraisal when I used that particular pejorative.  I believe I'll have to keep it in mind.  I like it so well and all.

 
 
 
MrFrost
Professor Expert
7  MrFrost    6 years ago

Great find JBB, thanks for this.

I would have done the same thing, trump is a POS. While I wish her luck in her lawsuit, I doubt it will go far. As much as I do completely support her actions, she DID violate the CoC. 

 
 
 
Ender
Professor Principal
8  Ender    6 years ago

I guess the bird is the word.

 
 
 
MrFrost
Professor Expert
9  MrFrost    6 years ago

59fff0541d00003b007f44cb.jpeg

 
 
 
MrFrost
Professor Expert
10  MrFrost    6 years ago

timepersonoftheyearjulibriskmanheroesrideamong29246208.png

 
 
 
Jasper2529
Professor Quiet
10.1  Jasper2529  replied to  MrFrost @10    6 years ago

Her seat is too low.

 
 
 
MrFrost
Professor Expert
10.1.1  MrFrost  replied to  Jasper2529 @10.1    6 years ago
Her seat is too low.

Yea, about an inch, but ya have to admit, what's ON that seat isn't bad looking at all. 

 
 
 
Tessylo
Professor Principal
10.1.4  Tessylo  replied to  Release The Kraken @10.1.3    6 years ago

I don't see anything wrong with her figure.  

 
 
 
JBB
Professor Principal
10.1.5  seeder  JBB  replied to  Tessylo @10.1.4    6 years ago

Me neither. Have you seen those behind shots of Trump peddling a bike? Me neither. It never happened...

 
 
 
Greg Jones
Professor Participates
10.2  Greg Jones  replied to  MrFrost @10    6 years ago

Talk about a lard ass. Wonder how much cellulite is on those fat thighs.

 
 
 
Galen Marvin Ross
Sophomore Participates
10.2.1  Galen Marvin Ross  replied to  Greg Jones @10.2    6 years ago

Well, I can see you still have no real argument to add to the discussion.

 
 
 
lib50
Professor Silent
10.2.2  lib50  replied to  Greg Jones @10.2    6 years ago
Talk about a lard ass. Wonder how much cellulite is on those fat thighs.

I thought you didn't like it when you heard people calling out Trump's fitness, or lack thereof.

 
 
 
Trout Giggles
Professor Principal
10.2.3  Trout Giggles  replied to  lib50 @10.2.2    6 years ago

Damn! These people are harsh! I wish my ass looked as good as hers

 
 
 
JenSiNner
Freshman Silent
10.2.4  JenSiNner  replied to  Trout Giggles @10.2.3    6 years ago

I'm sure that Mr. Giggles is a very fine looking fellow.

 
 
 
Trout Giggles
Professor Principal
10.2.5  Trout Giggles  replied to  JenSiNner @10.2.4    6 years ago

laughing dude

I've missed you!

 
 
 
PJ
Masters Quiet
10.2.6  PJ  replied to  Greg Jones @10.2    6 years ago

She's out there exercising so whether you think she's out of shape or not, she's making an effort.  

Women's bodies are incredible works of art for multiple reasons including the miracle of motherhood. 

Greg, complain about her actions but stay away from the body shaming.  It's in poor taste.

 
 
 
Tessylo
Professor Principal
10.2.7  Tessylo  replied to  Galen Marvin Ross @10.2.1    6 years ago

Same with badfish.  The woman looks in pretty good shape.

 
 
 
Tessylo
Professor Principal
10.2.8  Tessylo  replied to  PJ @10.2.6    6 years ago
'It's in poor taste.'

That's all some folks know.  

 
 
 
JBB
Professor Principal
10.2.9  seeder  JBB  replied to  Trout Giggles @10.2.3    6 years ago
I wish my ass looked as good as hers

Is that a fish tale or a fish tail?

 
 
 
PJ
Masters Quiet
10.2.10  PJ  replied to  JBB @10.2.9    6 years ago
Is that a fish tale or a fish tail?  

drum roll 1.gif

 
 
 
Jasper2529
Professor Quiet
11  Jasper2529    6 years ago

From what I've read, nobody knew she was the woman in the photo until she posted it on her private Facebook page and then went further by telling her employer. Maybe she forgot about the company's CoC and VA employment laws? I posted links in a previous comment.  Some people don't understand that there may be legal and employment consequences when we exercise our "freedom of speech".

Since she seems to have been in charge of the company's Facebook/social media dealings, it might have been wiser for her to not do what she did. On the other hand, maybe she was angry at the company for what she alleges another employee did.

 
 
 
devangelical
Professor Principal
12  devangelical    6 years ago

I flipped off Mitt and Ann Romney almost 6 years ago. I was stopped in rush hour gridlock next to his campaign bus when he was on his way to a debate with Obama in our city. How do I know they saw me do it? Simple. I was blasting my car horn while throwing the full bird thru my sunroof. By the time traffic was moving again, I soon realized that I wasn't the only one doing it.

 
 
 
livefreeordie
Junior Silent
12.1  livefreeordie  replied to  devangelical @12    6 years ago

Deleted

CoC violation {SP}

 
 
 
devangelical
Professor Principal
12.1.1  devangelical  replied to  livefreeordie @12.1    6 years ago

Says the guy that calls all democrats godless communists.

Removed for context {SP}

It's not surprising that any (deleted) in America would believe their civilized rules apply to me.

Skirting {SP}

 
 
 
devangelical
Professor Principal
12.1.2  devangelical  replied to  devangelical @12.1.1    6 years ago

meh, I like chasing skirts. 

 
 
 
Jasper2529
Professor Quiet
12.2  Jasper2529  replied to  devangelical @12    6 years ago
I flipped off Mitt and Ann Romney almost 6 years ago. I was stopped in rush hour gridlock next to his campaign bus when he was on his way to a debate with Obama in our city. How do I know they saw me do it? Simple. I was blasting my car horn while throwing the full bird thru my sunroof. By the time traffic was moving again, I soon realized that I wasn't the only one doing it.

Many people have moments like what you described, but I doubt that politicians on any political side care about that sort of immature behavior.

 
 
 
devangelical
Professor Principal
12.2.1  devangelical  replied to  Jasper2529 @12.2    6 years ago

I'll spare you the trump campaign and POTUS highlight videos.

 
 
 
Thrawn 31
Professor Guide
12.2.2  Thrawn 31  replied to  Jasper2529 @12.2    6 years ago

You know Trump would whine about it on twitter. 

 
 
 
MrFrost
Professor Expert
12.2.3  MrFrost  replied to  Jasper2529 @12.2    6 years ago

Yea, people like trump would NEVER say things like, "grab'em by the pussy!!!", or, "Look at that face!!!! Who could vote for a face like that!!!". No, trump is the model of maturity... /s

 
 
 
Thrawn 31
Professor Guide
14  Thrawn 31    6 years ago

She has every right to flip off the president, and her employer has the right to terminate her for her behavior on or off the clock if they legitimately feel it conflicts with their CoC or will tarnish their image and harm business (within the bounds of the law of course). 

 
 
 
1ofmany
Sophomore Silent
15  1ofmany    6 years ago

Boy is she stupid. First, she flips off the president, brags about it publicly, and then tells her employer that she did it. Then, after her employer exercises it’s right to not want to be entangled with her personal expression of free speech and fires her, she turns around and wastes what’s left her mind and sues her employer to protect a right the government didn’t abridge. Her case should be dismissed as frivolous. 

Still, I wouldn’t mind if she wins. That victory can be used to sue every employer who abridged an employee’s right to criticize gender flipping, same sex marriage, and every other SJW idea. Liberals want it both ways. They demand the right to be able to say whatever they want, free of consequences, while simultaneously demanding the right to fire everybody who disagrees them. 

 
 

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