Credit: zimmytws / Shutterstock.com There Is No 'Hate Speech' Exception to the First Amendment
OP-ED: Decisions based on judges' personal views of what constitutes acceptable political speech are not only inconsistent with the First Amendment, but undermine the rule of law.
May 27, 2022 at 10:00 AM
5 minute read
In a recent employment case, the Appellate Division seems to have reached the stunning conclusion that speech alleged to be racist is not protected by the First Amendment.
McVey v. Atlanticare Medical System Inc., issued for publication on May 20, involved an employee who was fired in 2020 after posting comments on Facebook criticizing the Black Lives Matter (BLM) movement. In affirming the dismissal of the plaintiff's wrongful discharge claim, the panel ruled that an employer does not violate a clear mandate of public policy under the Pierce doctrine when it fires a worker for controversial social media posts.
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