Read on Twitter
now for the legal rebuke! let's look at Blair v. Bethel School District, 608 F.3d 540 (9th Cir. 2010) and Zilich v. Longo, 34 F.3d 359 (6th Cir. 1994).
(1/x)
http://cdn.ca9.uscourts.gov/datastore/opinions/2010/06/14/08-35895.pdf
https://www.leagle.com/decision/199439334f3d3591346 https://twitter.com/RaeLeeKlein/status/1308887265809227779
(1/x)
http://cdn.ca9.uscourts.gov/datastore/opinions/2010/06/14/08-35895.pdf
https://www.leagle.com/decision/199439334f3d3591346 https://twitter.com/RaeLeeKlein/status/1308887265809227779
Here's the key from Blair: "To be sure, the First Amendment protects Blair's discordant speech as a general matter; it does not, however, immunize him from the political fallout of what he says."
the 1st allows you to send that tweet. it doesn't prevent you getting fired.
(2/x)
the 1st allows you to send that tweet. it doesn't prevent you getting fired.
(2/x)
your lawyer really wants to consider Dean Gilger an "agent of the state", so let's roll with that!
i think you can prove (1) and *possibly* (3) here. you have no case for (2), however, as you obviously have continued to speak your opinion (on Fox News!!)
(3/x)
i think you can prove (1) and *possibly* (3) here. you have no case for (2), however, as you obviously have continued to speak your opinion (on Fox News!!)
(3/x)
the Blaze board of directors is the elected body of the station. "the First Amendment does not succor casualties of the regular functioning of the political process."
your confidence as a leader came up for a vote. you lost. that's not up for debate here. (4/x)
your confidence as a leader came up for a vote. you lost. that's not up for debate here. (4/x)
as to the ability of the board to vote you out of the role of station manager: yeah, that's also backed up by Blair!
"...his fellow Board members had the corresponding right to replace Blair with someone who, in their view, represented the majority view of the Board." (5/x)
"...his fellow Board members had the corresponding right to replace Blair with someone who, in their view, represented the majority view of the Board." (5/x)
In your email to Dean Gilger, you claim that "The board of directors issued a written opinion of me, and published it.From that fact alone, we should all be punished equally."
tough luck: Zilich v. Longo says that their statements are protected by the First Amendment. (6/x)
tough luck: Zilich v. Longo says that their statements are protected by the First Amendment. (6/x)
"A legislative body does not violate the 1st Amendment when some members cast their votes in opposition to other members out of political spite or for partisan, political or ideological reasons...may not invalidate such legislative action based on the allegedly improper motives"
Legal tl;dr: you have the First Amendment protection to send that tweet, go on Fox News to tell your story, and create burner accounts on Twitter to back up your claim. you have no First Amendment protection from the political backlash of said tweet. call it a career. (8/8)
