Is banning the words "Merry Christmas" from employees an infringement of their first amendment rights?
Why does this issue seem to only revolve around Christmas? There are many other December holidays -- Yule, Kwanza, Hanukkah, etc.
Is banning them from telling customers "go fuck yourself" infringement?
Most employers but not all have an ethics standards which includes not using profanity. That would fall under the guidelines of harassment of coworkers, violence in the workplace, etc. etc. etc.
So how is that different?
The word Christmas is not profanity, duh.
Obviously, but it's an infringement right?
It should be a business's choice what their employees are required to say.
What would I do you might ask if I work for an employer that required me not to say Merry Christmas around the workplace? I live in the state of Kentucky and in the state of Kentucky persons are allowed to wear an audio recording device in the workplace, (not a video recording device). I would buy a microchip audio recording device and if that company fired me for saying merry Christmas I'd walk down to my lawyer and file a civil action suit against that company. I've already talked to my lawyer about different things that are said in the workplace and he told me "record everything" Since I am semi retired anyhow and have a Pension coming in every month and only work part time I would enjoy suing any employer that told me to leave my Christianity at the doorstep.
In the state of Kentucky an audio recording is permissible in court. Most people do not understand or realize that you do not have to in most states in this country inform the third-party that you are recording them via an audio recording device. Look the facts up on the Internet and you will find that I am telling you the truth.
Just like a business can refuse to serve homosexuals based on religious belief, it can also require you to say Merry Christmas or Happy Holidays. I am a Christmas man myself but this is a choice that is best left to business. If it really bothers you, find employment elsewhere.
"Private businesses can do whatever they want within their establishment!"
It would be against the 1st amendment if you were sent to jail for saying it. However, the worst punishment you can receive is to be fired from your job, so it's clearly not a violation. Private businesses can make their own rules when it comes to things like this.
Actually if you were fired for saying it, that is against the law
If I work at target and repeatedly tell customers to fuck off, I'll be fired. It's free speech, but they can still fire me for it, and there is no law to stop them
It's not against the first amendment if it's the government has nothing to do with the punishment
Definitely not. It is a violation of their freedom of speech, but it is in no way a violation of the first amendment.
"Congress shall make no law...abridging the freedom of speech."
Notice it says Congress. Not "Jeff the local Best Buy manager."
Also, the penalty would be getting admonished or fired, right? I'm pretty sure many types of free speech could get you fired. If you work at McDonald's, I highly doubt you could tell all the customers "Burger King is a better bargain" and expect to keep your job on the basis of the 1st Amendment.
No. Banning employees from saying "Fuck you" or "happy holidays" isn't an infringement either. Free speech only protects you from the government punishing you.