Owner Ship

I was listening to the radio today and there was a news segment on a Michigan insurance company that is testing workers for smoking. If they are found to be positive as smokers, they would be asked to leave the company. Four employees left, all presumably committed smokers.

On the segment, a question arose about the First Amendment. Granted speech and smoking are not the same; however, the assumption is that legal behaviors are legal in the workplace. We're taught in school and on television and in the movies that you have a right to say and do whatever you want so long as it doesn't harm others in the process. Of course, there are many shades of gray around the First Amendment and these shades of gray dutifully employ many lawyers and nonprofits. One shade of gray, of course, is whether overweight people, those who skydive, and motorcylists should also be held up to rigorous employment standards.

But what isn't so gray is that employers don't have to give a damn about your freedoms. One of the commentators on the radio show said explicitly, and I quote, "You have no right to freedom of speech where your employer is concerned. The First Amendment only concerns your rights that apply to the Government." I did not know this. The commentator mentioned that last year, a woman in Alabama was fired for driving to work with a Kerry-Edwards bumper sticker.

I feel dumb, confused and bamboozled by my own ignorance. I'm less "mad" at the Government than at the educational system that tells us our freedoms are sacrosanct. Where did the educational system go wrong in telling us that we had the freedom to speak our minds? How did employers become immune to First Amendment law? Where does the "ownership society" take us if it is our employers that own us?

Posted by Andrew at February 9, 2005 10:36 AM