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  • Can employers deny employment for supporting one or the other party in

    From S K@21:1/5 to All on Sat Oct 14 15:36:30 2023
    They ask foreigners applying for citizenship if they have ever been in a communist party.

    But surely American citizens are not subject to any restrictions as to whom they support or oppose in foreign conflicts?

    --- SoupGate-Win32 v1.05
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  • From Roy@21:1/5 to S K on Sat Oct 14 15:51:58 2023
    On 10/14/2023 3:36 PM, S K wrote:
    They ask foreigners applying for citizenship if they have ever been in a communist party.

    But surely American citizens are not subject to any restrictions as to whom they support or oppose in foreign conflicts?


    The first 5 words of the First Amendment are “Congress shall make no
    law”. This is an important limitation of the Bill of Rights: They only protect your rights from government suppression. This is called the Constitution’s “state action requirement.” If there is no action by the state – whether in the form of the local, state, or federal government – then the Bill of Rights does not apply.

    https://www.shouselaw.com/ca/blog/first-amendment-rights-at-work/#:~:text=You%20generally%20only%20have%20First,your%20speech%20in%20the%20workplace.

    So if a company wants to decline to hire a person because of their
    position on the Middle East, it basically OK.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roy on Sun Oct 15 14:24:02 2023
    On Sat, 14 Oct 2023 15:51:58 -0700, Roy wrote:

    On 10/14/2023 3:36 PM, S K wrote:
    They ask foreigners applying for citizenship if they have ever been in
    a communist party.

    But surely American citizens are not subject to any restrictions as to
    whom they support or oppose in foreign conflicts?


    The first 5 words of the First Amendment are “Congress shall make no law”. This is an important limitation of the Bill of Rights: They only protect your rights from government suppression. This is called the Constitution’s “state action requirement.” If there is no action by the state – whether in the form of the local, state, or federal government – then the Bill of Rights does not apply.

    https://www.shouselaw.com/ca/blog/first-amendment-rights-at-work/
    #:~:text=You%20generally%20only%20have%20First,your%20speech%20in%20the%20workplace.

    So if a company wants to decline to hire a person because of their
    position on the Middle East, it basically OK.

    I thought the catch was the if it went to court - a state institution - a
    side has to be chosen ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to Roy on Sun Oct 15 14:30:20 2023
    "Roy" wrote in message news:ugf60m$3ig0$[email protected]...



    On 10/14/2023 3:36 PM, S K wrote:
    They ask foreigners applying for citizenship if they have ever been in a
    communist party.

    But surely American citizens are not subject to any restrictions as to
    whom they support or oppose in foreign conflicts?


    The first 5 words of the First Amendment are “Congress shall make no law”. >This is an important limitation of the Bill of Rights: They only protect
    your rights from government suppression. This is called the Constitution’s >“state action requirement.” If there is no action by the state – whether in
    the form of the local, state, or federal government – then the Bill of >Rights does not apply.

    https://www.shouselaw.com/ca/blog/first-amendment-rights-at-work/#:~:text=You%20generally%20only%20have%20First,your%20speech%20in%20the%20workplace.

    So if a company wants to decline to hire a person because of their position >on the Middle East, it basically OK.


    But doesn't it get a little tricky when the company is a government
    contractor, such as Lockheed or Raytheon? If a Lockheed or Raytheon - which
    do much if not most of their work for the US government - denies employment
    to someone due to their political views, I think that could be problematic.

    --

    --- SoupGate-Win32 v1.05
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  • From Roy@21:1/5 to Rick on Sun Oct 15 15:38:23 2023
    On 10/15/2023 2:30 PM, Rick wrote:

    ...

    But doesn't it get a little tricky when the company is a government contractor, such as Lockheed or Raytheon?  If a Lockheed or Raytheon -
    which do much if not most of their work for the US government - denies employment to someone due to their political views, I think that could
    be problematic.

    --

    There are court cases. Its not automatic for contractors. The
    government agency issuing the contract is free (almost) to add
    conditions. Lockheed for example might have to adopt some federal
    employment rules.

    One the other side, Philadelphia has a case a few years ago where there
    was such a rider but religious organizations sued it was forcing the organization to do something against their religion. The Supreme Court unanimously agreed with the religious organization.

    --- SoupGate-Win32 v1.05
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