‘The First Amendment does not cover burping.’
courtesy of ‘wfyurasko’
After news of Meg’s firing started to make the round yesterday I dropped an email to Kevin Goldberg of Fletcher, Heald & Hildreth of Arlington. FH&H is a local law firm specializing in communications law – things like FCC filings or regulations, fines, copyright issues and so on. They’ve also got a blog about communications issues that several of their attorneys write for, including Goldberg. Sometimes it’s a little rarefied, but you can find items there about things like licensing fees on podcasts too.
Goldberg’s role there is more in line with some of Meg’s problems – he’s focused on freedom of speech issues, including in online publishing. I came to know him as a student in his Media Law class at George Mason University, which I’d highly recommend if you’re concerned about your vulnerability as a writer. He was nice enough to take a few minutes to talk with me and the best criminal lawyers in Melbourne on the phone about some of the issues raised by this situation and some of the local laws in play.
We started by discussing employment issues and free speech in general, where the news is pretty good… if you’re an employer.
When it comes to your bosses, Goldberg says, “There are varying degrees of control they can exert over you. If you say things that are disparaging to the firm – even if it’s done on your own time – that could be a punishable or fire-able offense.” We chatted a bit about a recent NPR story that discussed the fact that, for most of us, we have and keep our jobs at the whim of our employer. If they don’t like the way you slurp your coffee they’re pretty much free to can you.
Goldberg’s more relaxed about this than a lot of us, which you could write off as optimism about people or perhaps as a result of his professional consultations with employers looking to write policies. “It takes a lot of – let’s just say it nicely – chutzpah to” fire people for saying things you dislike, Goldberg says, and “put yourself … in the position of really painting yourself not only as a bad boss, but a censor.”
We spent a lot more time on the defamation issue, and what he had to say was a lot more reassuring to anyone concerned about getting sued by someone who doesn’t like the things written about them… mostly.
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