Michael Graham got fired from his ABC radio job for making some derogatory remarks about Islam. Now he's claiming:
The First Amendment and I have been evicted from ABC Radio in Washington, DC.
Sorry, but no.
Speaking as a business lawyer, I hate these sort of arguments. The First Amendment limits only the power of government, in general. The First Amendment, absent state action, therefore generally does not prohibit a private employer from firing one of its employees.
This sort of rights talk, claiming to have Constitutional protections one obviously lacks, is particularly disappointing coming from a conservative. I thought one thing almost all conservatives agreed upon was that judges and courts had taken cognizance of too many social issues better left to politics and/or markets. The kind of lose talk in which Graham engaged undercuts that understanding by implying he has some sort of legally cognizable right under the First Amendment to continued employment.
My point is not, of course, that Graham should have been fired. (James Joyner's got a nice analysis of that question.) My point is only that I hate to see conservatives invoking the lex-centric rights language of the left rather than relying on markets and politcs for redress.
Update: LaShawn Barber really gets it, writing:
... The amendment protects citizens from government suppression of speech. It’s a “debate” I’ve had with people who actually thought they had a right to comment on this blog. Sounds ridiculous, doesn’t it? Most got it, but some were too dimwitted to grasp the concept.
ABC Radio is a private entity and within its rights to fire Graham for “cause,” however it’s stipulated in the employment contract. I do think ABC’s actions are un-American and cowardly.
Well put.
