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Re:I Posted Myself Out of a Job by ben_w on Wednesday July 05, 2023 @03:00AM (#36596550)
I'm not a free speech absolutist[0], but if there's one speech one ought to be free to do, it's to write mean things about a government body (or deals with one) in a country that has a constitutional right to free speech.

[0] neither is the US, despite what it says; I am however a free-speech maximalist, and the differences between these positions includes but is not limited to acknowledging that some speech chills other speech.

Re:I Posted Myself Out of a Job by lelanthran on Wednesday July 05, 2023 @03:23AM (#36596818)
> I'm not a free speech absolutist[0], but if there's one speech one ought to be free to do, it's to write mean things about a government body (or deals with one) in a country that has a constitutional right to free speech.

Right, understood. But it is the right of every company to have the freedom of association[1] to determine what sort individuals they want to associate with, no?

Just because someone has the freedom to say something, it doesn't mean that their employer has to provide a platform to say it. It also doesn't mean that the employer has to allow its employees to disparage paying customers.

Like I kept hearing over the last few years[2], "freedom of speech doesn't mean freedom from consequences".

[1] Much like your Free Speech position, I'm not being absolutist, only maximalist in this position; IOW, no dissassociation on illegal grounds, like protected class members, for example.

[2] Not that I agree, just that it seems to be acceptable.

Re:I Posted Myself Out of a Job by ben_w on Wednesday July 05, 2023 @03:34AM (#36596935)
Indeed, that's a more extended example of why I'm a maximalist rather than an absolutist.

In the context of the DoD… if people, online or offline, get to them just by swearing, then North Korea should have saved money and developed an f-bomb instead of an a-bomb.

Re:I Posted Myself Out of a Job by em-bee on Wednesday July 05, 2023 @08:26AM (#36599405)
it is the right of every company to have the freedom of association[1] to determine what sort individuals they want to associate with

not when it comes to employees and also not when it comes to customers. employees have a right to share their opinions. and discrimination on political opinion is illegal in many countries. i am not sure if that is the case in the US, but it is in the EU and the UK at least.

doesn't mean that their employer has to provide a platform to say it

the employer didn't provide the platform. they said it on their own personal twitter account not on the company blog.

It also doesn't mean that the employer has to allow its employees to disparage paying customers

depends on whether the statement is factual or not. in germany there was a court case that clarified that it is legal and not an insult to claim that "soldiers are murderers" as long as it is not making that claim about a specific person. https://en.wikipedia.org/wiki/Soldiers_are_murderers

according to the german court: "sharing opinions to public controversies is a sign of a free democratic order"

companies can not restrict the rights of their employees to share your opinion because that would essentially prevent any public discourse about controversial topics.

Re:I Posted Myself Out of a Job by lelanthran on Wednesday July 05, 2023 @09:21AM (#36600077)
> not when it comes to employees and also not when it comes to customers. employees have a right to share their opinions. and discrimination on political opinion is illegal in many countries. i am not sure if that is the case in the US, but it is in the EU and the UK at least.

I said that in the post you replied to.

> the employer didn't provide the platform. they said it on their own personal twitter account not on the company blog.

They said it while being a paid representative of the company, at an event that they were paid to represent the company.

> depends on whether the statement is factual or not. in germany there was a court case that clarified that it is legal and not an insult to claim that "soldiers are murderers" as long as it is not making that claim about a specific person.

This was made about a specific person.

> companies can not restrict the rights of their employees to share your opinion because that would essentially prevent any public discourse about controversial topics.

Of course they can, they just can't do it while representing the company.

I'm a little confused about why you replied; are you clarifying my position by disagreement?

Re:I Posted Myself Out of a Job by em-bee on Wednesday July 05, 2023 @10:54AM (#36601267)
They said it while being a paid representative of the company, at an event that they were paid to represent the company.

it is still their personal twitter account. they are not representing their company on twitter. the time and the location of the person should not matter.

This was made about a specific person.

that is debatable. i interpreted it as a general statement about the military that the recipient of the message is a part of. i can see that it can be read as a personal accusation, but i believe that this was not the intent of the sender.

are you clarifying my position by disagreement

it appears that i am. it did help me better understand your position, so i hope that's ok.

Re:I Posted Myself Out of a Job by eusto on Wednesday July 05, 2023 @03:14AM (#36596715)
I'm assuming the "fuck you" was the one that fired her. However you choose to understand free speech, being needlessly rude as a media representative of a company should get you fired.
Re:I Posted Myself Out of a Job by ben_w on Wednesday July 05, 2023 @03:28AM (#36596867)
Assuming accurate reporting, in the absence of a social media clause that, when shown, your boss agrees you don't need to sign? Doesn't pass the sniff test.

(Curiously, I've just seen someone walk past me with "duck off" printed on their T-shirt. But then, culture here in Germany is much more liberal about both word and deed — it's American cultural norms that made the autocorrupt inside my quote marks).

Re:I Posted Myself Out of a Job by eusto on Wednesday July 05, 2023 @06:07AM (#36598204)
I don't understand. What sniff test? And what do you mean by "assuming accurate reporting"?
Re:I Posted Myself Out of a Job by libealistand on Wednesday July 05, 2023 @05:35AM (#36597946)
Given the tweets and the article, it's fair to assume that this is not the first time the person has exhibited such behavior and this was just the last drip overflowing the bucket.
Re:I Posted Myself Out of a Job by revelio on Wednesday July 05, 2023 @03:41AM (#36597004)
> some speech chills other speech

Is this not just a way to say "my speech is free speech and protected, your speech is hate speech and should be banned"?

Re:I Posted Myself Out of a Job by ben_w on Wednesday July 05, 2023 @03:51AM (#36597101)
No, that is just one of many examples of how it can happen (and in your case, in both directions, because the name things have in politics doesn't need to match the reality).

Therapists and doctors have to guarantee to their patients that no beans will be spilled just to get what they need to do their jobs.

Whistleblowers need to know their names won't get shared to be willing to blow their whistles.

Filibusters, in the political rather than military context.

That's just off the top of my head.

Re:I Posted Myself Out of a Job by libealistand on Wednesday July 05, 2023 @05:39AM (#36597976)
Society needs a general a priori agreement about what's ok and what's not. If people get to make up the rules on the spot then obviously you will just get into this kind of conflict. (This includes "you hurt my feelings".)

I'm all for banning threats and other speech that's illegal. But once a line is drawn it's in everybody's interest to defend it in either direction. Remember that everything you demand to be banned can be used against your cause at a later point. Similar with every accusation you want to be able to utter.

Re:I Posted Myself Out of a Job by jossclimb on Wednesday July 05, 2023 @03:07AM (#36596624)
she has free speech, and they are free to fire her too.
Re:I Posted Myself Out of a Job by btilly on Wednesday July 05, 2023 @03:26AM (#36596844)
On your personal Twitter, on your personal time, absolutely.

If you're there on your company dime, and the tweets are associated with your company image, the company now gets a say.

Re:I Posted Myself Out of a Job by smsm42 on Wednesday July 05, 2023 @01:54PM (#36604251)
If anybody would prosecute this person under the color of law for her speech, I'd be first to object. I am also very against going for people's job for something they said in their personal capacity, or for disagreeing with their politics.

But that's not what happened. What happened is that she personally cursed out a client, publicly accusing this person in war crimes, while being on a job conference. And, when confronted about that, she basically told HR "your rules are stupid, I'm not going to follow them, let me educate you about how your job should be done". This is not a free speech issue, this is "rules don't apply to me because I am a precious flower that is always right" issue. The organization could choose to tolerate and accommodate this kind of an employee if it's worth it, but nothing requires them to. She is still free to curse out the government in her free time, or when she is outside her job duties - and I would be the first, again, to support her right to do so. But maybe realizing there's a time and a place for such things may do her some good. And if she can't control herself while being on a job (and going to the conference is part of one's job, otherwise why would their employer pay for it?) and be a professional then maybe she should look for some job that does not involve doing that.

Note she wasn't even fired for the conference BS. It was when she explicitly refused to commit to social media guidelines that they pulled the plug. I say if you prioritize the ability to say shit on twitter over your job, then it's not a question of free speech, it's a question of choice. She made her choice, now she's completely free to say shit on twitter.

Re:I Posted Myself Out of a Job by morelisp on Wednesday July 05, 2023 @03:25PM (#36605777)
> I am also very against going for people's job for something they said in their personal capacity... I say if you prioritize the ability to say shit on twitter over your job, then it's not a question of free speech, it's a question of choice.

You look like less of a bootlicking dumbass when you don't contradict yourself in the span of a single comment.

Re:I Posted Myself Out of a Job by smsm42 on Wednesday July 05, 2023 @03:46PM (#36606067)
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