Quote:
Originally Posted by Manx
All those who don't think the First Amendment applies here should do a google search for First Amendment retaliation. There are assuredly circumstances, and this case is very likely to be one of them, where it is unlawful for negative actions to be implemented as a retaliation for an individual excersing their First Amendment rights.
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And I think you'll generally find that the caselaw on this generally stems from litigation involving a GOVERNMENTAL actor. Start with Elrod v. Burns, 427 U.S. 347 (1976). Follow up with Rutan v. Republican Party of Illinois, 497 U.S. 62, (1990). Then hit Connick v. Myers, 461 U.S. 138 (1983)., quoting Pickering v. Board of Education, 391 U.S. 563 (1968).
What does all this caselaw have in common? GOVERNMENTAL ACTORS. That's not the case here.