Legal Question in Civil Rights Law in New York
Freedom of Speech
I am a member and officer with a volunteer ambulance corps. Today I was suspended for a quote I have on my myspace page. The captain left me a voicemail stating I am suspended because of the message offending another member. The day before I had an incident with that member and its clearly a retaliation. Does the fact that I was suspended for my quote violate my freedom of speech and right to lawfully express my opinion? This is very humiliating. The quote on the page is based on an inside joke with a friend. Can the ambulance corps legally suspend me for this?
2 Answers from Attorneys
Re: Freedom of Speech
Yes they can. You are a member of a uniformed service that is structured as a para-military organization. Therefore, you do not have unfettered rights to free-speech. Any unfavorable and disparaging remarks about fellow officers may be considered a challenge to good-order, security, insubordination and behavior unbecoming of an officer and a gentleman. Therefore, as long a you wear the uniform -regardless of your voluntary position- you should not make public comments that mock or ridicule a fellow officer. You certainly can make a public comment about your fire company in a proper forum such as a town-hall meeting.
Re: Freedom of Speech
The only speech that can legitimately be the basis of a suspension by a municipal agency, is political speech.
Example: several months ago I read a case about an assistant district attorney fired for wearing a button that supported an opposing politician for DA. I think the court held that the employment action was legitimate based on the politics of the position.
Therefore, it depends on the nature of the quote on the page, political or not political. If its not political, you have a case of first amendment retaliation.
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