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by bryankaplan 1426 days ago
You're conflating the 1st Amendment with free speech. The former is rooted in the latter. Free speech is a natural right, applicable to all situations. This is a free speech issue.
1 comments

This is the argument used by people who think you should be able to say anything on Facebook, Twitter etc. And the response is always the same - you have the right to say what you want, but there are consequences. In this case, firing.
You made the same mistake as the higher comment. Yes, this is how it works legally in the US. But the concept of free speech is not tied to US law. It is a free speech issue and it’s perfectly conceivable that a countries laws would reflect these rights for social media protections.
You’re agreeing with the op. You do have free speech on social media. You also have consequences. Same as on the street, work, school, playground, grocery store, car dealership…
Employers should not and can not apply consequences for any reason they like. You could say “you are free to wear any color shirt you like, but if you pick the wrong one, you could be fired”.

That may be true in America but it isn’t in other countries. Arguably some speech on social media should be protected and not a reason for employment termination.

This is true in Europe and I guess in any other normal country.

If I stayed to insult my employer (wherever, including social media) they would have the right to fire me.

If I do not agree, I can go to court.

Of course, the nature of my comments matter. If I say that I like the color blue and they do not, they cannot do anything.

If I say that their products suck, they will fire me and the court will agree.

If I say that their products are dangerous (whistle blowing) then they can try to fire me but I will be protected by law.

in germany you have the right to publicly share your own opinion about your employer. you may not insult them, but you may well criticize them or their products, working conditions or anything else that is factually true.

you may also share your political opinions, something US companies seemingly often like to stop, as long as you are not disruptive.

>Arguably some speech on social media should be protected and not a reason for employment termination.

Why? Not saying I disagree, but I find the selective support of this concept interesting. So I'm curious to hear your argument and the framework for determining what speech should be protected on a private platform.

The problem in my view is tech companies have squeezed their way in to our lives and managed to get the majority to post their private conversations publicly. So posting a mild complaint about your place of work on social media has become today's version of complaining to a friend in person or on the phone.

Yes I do think employers do have reason to want to protect their image online, but I also don't like the situation where people are always under public watch. So either you should be allowed to say these things on social media without losing your job, or social media companies should be cracked down on for what they have done.