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Does the Constitution Apply everywhere?

MAgnum9987

Do What Thou Wilt
Alright, in a moment of stupidity, one of my classmates wrote "So and So is a smelly Jew" on the white board. He got reported to the dean of students and was talked to and such, but what really matters is what the dean said to my class.

"I have heard all this stuff about the Constitution, but it doesn't apply in both school and the workplace. These are protected areas. If you said that in the workplace, your boss is required to fire you."

Do you agree? Does the Constitution not apply in "Protected areas?"
 

Doc

Trust me, I'm The Doctor.
V.I.P.
He was wrong. The constitution applies in all public institutions. You have freedom of speech in school, for example, but you're subject to following the school's rules on decency and so on.
 

pro2A

Hell, It's about time!
The Constitution applies everywhere. This checkerboard of crap of "You can say or do this here, but not there" or "you can have a gun here, but not there" or "Were checking you car with no warrant for your safety" is out of hand.

The Constitution is universal, it applies everywhere to all Americans and no local, state or federal government has any say in the mater. Simple as that. Are there reasonable restrictions like yelling fire in a crowded theater? I do agree there, but that is not what the Constitution protects. the Constitution protects my right to say the President is a moonbat and I don't like his policies without fear of being arrested and so on.
 
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CaptainObvious

Son of Liberty
V.I.P.
Your dean is incorrect. The Constitution applies everywhere, although there are provisions that do not and there are exceptions.

I'm assuming you go to a public funded school. The Bill of Rights applies to the federal and state governments. So one could argue your school, a state institution, cannot prohibit free speech. However racial, hateful, speech such as this is an exception because the school has an interest in educating students and not having fist fights everyday. The right of freedom of speech is not absolute.

He's incorrect in that an private employer MUST fire someone using this language. A business owner has private property rights and can prohibit or allow this kind of speech if he/she wishes. To say they MUST fire someone who says this couldn't be more incorrect.
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The Constitution is universal, it applies everywhere to all Americans and no local, state or federal government has any say in the mater.
Actually yes they do. There are restrictions for example of time, place, and manner in protecting free speech. You can say the President is a moonbat all you want. You can't say it on the stage during the speech of the Democratic National Convention even if it's held in a public park, for example. Your rights would be infringing on the rights of everywhere else. Just like you can't walk into a courthouse for example carrying a gun. These rights are not absolute, and they shouldn't be.
 
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Wade8813

Registered Member
CO is mostly right

The constitution DOES apply everywhere in the US - but that doesn't mean you get to say whatever you want anywhere you want.

If you go to work for a company, you agree to abide by the rules they establish or else be fired by them. You can say what you want, but they can fire you if they want. For many, it's up to them if they fire you or not, but for many, they have to follow EEO/etc guidelines and policies, and pretty much have to not allow that behavior.
 

CaptainObvious

Son of Liberty
V.I.P.
The thing is the Constitution applies in the private sector as well. If a business establishes a conduct policy that includes speech used, they have the Constitutional right to do so, as per their property rights protectec by the due process clause. They also cannot discriminate on the basis of religion, sex, national origin, etc...protected by Title VII of the Civil Rights Act stemming from the equal protection clause. So while you may not have the right to claim "free speech" if you make a racist comment and fired, that hardly means the Constitution does not apply.
 

maat

Registered Member
Not all aspects of the constitution apply everywhere. Your question needs to be more specific.

I have the right to keep and bare arms, but not wherever I wish to. The owner of the workplace has domain over the workplace, Just like you have domain over your home.
 

Doc

Trust me, I'm The Doctor.
V.I.P.
So while you may not have the right to claim "free speech" if you make a racist comment and fired, that hardly means the Constitution does not apply.
Wade was saying basically the same thing when he said that you have to follow the company's code of conduct. Our constitution applies in both cases because calling a black person a "nigger" in a workplace and NOT disciplining the so-called attacker is an act of discrimination against (in this case) the victim. The speech is protected in that he can publicly say that he does not like black people but he cannot call a black person a nigger in a private (or, really, public) workplace because that is direct discrimination and all people are protected from discrimination by the U.S. constitution.
 

CaptainObvious

Son of Liberty
V.I.P.
Wade was saying basically the same thing when he said that you have to follow the company's code of conduct. Our constitution applies in both cases because calling a black person a "nigger" in a workplace and NOT disciplining the so-called attacker is an act of discrimination against (in this case) the victim. The speech is protected in that he can publicly say that he does not like black people but he cannot call a black person a nigger in a private (or, really, public) workplace because that is direct discrimination and all people are protected from discrimination by the U.S. constitution.
Not necessarily. Calling a black person that doesn't by itself constitute discrimination. Someone could claim that it's harrassment, it creates a hostile work environment, but to claim it's prima facie discrimination, just by itself and no other action or words, isn't correct. A company can choose not to discipline the "attacker" and it wouldn't be discrimination necessarily.

A company's code of conduct that prohibits such language is not only in reference to discrimination, because that by itself isn't, it's also in reference to harrassment and not creating a hostile work environment. And not creating an environment where discrimination exists.

Technically not all people are protected from discrimination by the U.S Constitution. There are limitations set by Title VII, most notably the size of the business.

It's not a matter of the speech being protected, protected free speech does not apply to a privately owned business. The protections of the Bill of Rights apply to the federal government and the state governments throught the incoporation clause of the 14th amendment.
 

Doc

Trust me, I'm The Doctor.
V.I.P.
My apologies for mis-using the word discriminate. I understand that discrimination is more of an action, not speech.

I do, however, believe that an employer not acting on the verbal attack outside of an isolated incident IS being discriminatory.
 
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