this post was submitted on 06 Aug 2023
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Oh ok... So I guess that means the National Labor Relations Act is unconstitutional (it's not, it was upheld by SCOTUS in the 30s), because it explicitly prevents employers from firing or otherwise retaliating against employees for discussing salary.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
Or do you think an employer should be allowed to fire someone for that?
Maybe don't give this current Supreme Court any ideas given their blatant disregard for stare decisis/precedence, and Chevron deference..
This is a bad faith argument through and through. You should be ashamed of yourself for posting this.
You should work on your reading comprehension. None of this has any relationship to the first amendment.
The First Amendment protects the right to organize in addition to free speech. The NLRB (and the Wagner Act, the law that gives us the right to discuss wages, as well as unionize, without retaliation) have a storied history of being challenged on first amendment grounds.
People have tried arguing that an employer's first amendment rights are violated by a law that prevents them from firing someone for any reason they want. The government codifying what an employer can and can't fire an employee for is directly related to the first amendment.
Any time you're talking about protected speech, or the right to organizing, its directly related to the first amendment. If you can't see that, then I don't know what to tell you.
Since it's abundantly clear that you've never actually read the 1st amendment, let me help you out:
As you can see, employment disputes are not part of the 1st amendment. As you can also see, it restricts establishing a state religion, exercising your religion, protects you from prosecution when peacefully assembling and when you are giving the government the finger.
I suggest reading through the Constitution and it's amendments. It's not a long read.
When the government tells an employer that they can't fire a person for x reason, the first amendment gets involved. Because that's the government limiting the speech of a private citizen (or in the case of a company/corporation, a group of private citizens that apparently gets all the rights of a person).
Which is when employment law does swerve into first amendment territory
The first amendment only applies to the government. Any person telling you that it can under any circumstance be applied to the relationship between an employer and employee is a piece of shit lying to you. It's not in any way ambiguous.
The government regulating employment law is not connected to the first amendment in any way.
I'm wondering if you even read my comment...