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.
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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It is every Americans right to resist. It is every Americans right to express themselves. Fly The Bird...
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.
Well too bad they don't seem to apply the same standards to a conservative employee.
Remember this next time a right winger is fired for saying deplorable things. This was a mere gesture...
They won't.
Employers should always have the right to fire for at any time
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.
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.
Pretty broad brush you're painting with there Michelangelo
We shall see
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.
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.
False equivalency. No grandstand full of knuckle dragging goober racists was present for the bird flipping incident.
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.
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".
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.
Been on a sugar free diet the last 15 months?
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
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.
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.
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.
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.
Exactly but in a right to work state she's going to have a hard row to hoe.
Flying the bird is a peaceful way of expressing resistance. So, fly the bird proudly. Resist the Trumpocracy!
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.
For teenagers, maybe. And not really acceptable-it's actually a pretty childish gesture.
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.
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.
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I wish her good luck with her lawsuit:
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And ...
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.
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.
Which states:
So why was she fired again?
And ...
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.
I hold up three and tell people to read between the lines.
I take the subtle approach and use Marine Corps diplomacy, which starts like this...
"Listen, fucker..."
lol...it doesn't start with "mother"?
Depended on how drunk I was..
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.
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.
I guess the bird is the word.
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.
I don't see anything wrong with her figure.
Me neither. Have you seen those behind shots of Trump peddling a bike? Me neither. It never happened...
Talk about a lard ass. Wonder how much cellulite is on those fat thighs.
Well, I can see you still have no real argument to add to the discussion.
I thought you didn't like it when you heard people calling out Trump's fitness, or lack thereof.
Damn! These people are harsh! I wish my ass looked as good as hers
I'm sure that Mr. Giggles is a very fine looking fellow.
I've missed you!
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.
Same with badfish. The woman looks in pretty good shape.
That's all some folks know.
Is that a fish tale or a fish tail?
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.
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.
Deleted
CoC violation {SP}
Says the guy that calls all democrats godless communists.
It's not surprising that any (deleted) in America would believe their civilized rules apply to me.
Skirting {SP}
meh, I like chasing skirts.
Many people have moments like what you described, but I doubt that politicians on any political side care about that sort of immature behavior.
I'll spare you the trump campaign and POTUS highlight videos.
You know Trump would whine about it on twitter.
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
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).
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.