The First Amendment ensures speech, not paychecks. From TV hosts to pastors, free expression at work often collides with financial realities.
The first amendment protects our free speech but employers will protect their bottom line.
However, to some extent, there are some limitations and barriers for all of us. When he began his career, national radio personality Howard Stern couldn’t keep a job. His content was so raw and shocking that station owners and managers couldn’t afford to keep him on because advertisers couldn’t afford to risk supporting him. Things changed. He eventually became acceptable to enough listeners that he was hugely profitable. A massive contract with Sirius XM radio gave him a huge audience, allowed him to say whatever he wanted and paid him handsomely. Since 2004, they have paid him hundreds of millions of dollars. His employer found him to be profitable and accepted by many.
Stearns’ contract recently expired and his deal hasn’t been renewed. The renewal won’t be based on Stearns’ freedom of speech but it will be based on whether he will be profitable for Sirius XM radio which means he probably won’t be returning.
Glenn Mollette
Jimmy Kimmel is off the air, for now. He has been making a nice $15M a year salary from the Disney corporation who owns ABC and the ESPN network as well. He has had a nice job with them for 20 years and come out five nights a week saying whatever he wanted to say. After some recent comments made about Charlie Kirk that have been replayed numerous times on national TV, Disney decided to take his show down for a while, possibly forever.
Stations across the country let it be known to Disney they weren’t going to air Kimmel’s show after his remarks about Kirk and Disney listened. It was about money. Disney is in the business to make money, big money. The Stephen Colbert show was losing $40M a year and Colbert’s show had better ratings than Kimmel. The idea of losing millions of dollars on Kimmel was unacceptable to Disney. If TV station chains, cable companies and local stations around the country had applauded Kimmel, if ratings and profitability had soared, Disney would have kept Kimmel on.
No employer is going to keep you on the payroll if your mouth is bankrupting the business. You may have the right to speak but you may be speaking on the street corner somewhere without a paycheck if the employer doesn’t like what you are saying.
The minister of your local church may have the freedom to preach the Bible. Yet, he or she could find themselves unemployed if they ruffle enough feathers of the congregation’s leadership. A politician may speak freely but only has a job if he or she can sway enough voters. You can walk into wherever you work and say whatever you want about the company or your boss. Most likely, you’ll end up in the unemployment line. Plus, you will not be able to obtain a reference or recommendation for your next interview.
Yes, we have freedom of speech but it has limitations and consequences. Charlie Kirk was his own employer. That seems to be about the only way you can really pull off free speech. He said just about whatever he wanted and there wasn’t anyone to fire him, so someone killed him. Sadly, Charlie Kirk’s free speech cost him his life.
There is almost always a price to be paid for freedom of speech. It is important and it is American, but your employer doesn’t have to agree with you or keep you on the payroll.
About the author ~
Glen Mollett is the author of 13 books including Uncommom Sense, the Spiritual Chocolate series, Grandpa's Store, Minister's Guidebook insights from a fellow minister. His column is published weekly in over 600 publications in all 50 states.
The views expressed are those of the author and are not necessarily representative of any other group or organization. We welcome comments and views from our readers. Submit your letters to the editor or commentary on a current event 24/7 to editor@oursentinel.com.
Charlie Kirk assassination legacy, history of assassinated American leaders, free speech and violence in America, political debate versus violence, legacy of voices after tragedy
Florida’s education commissioner seeks to revoke a teacher’s license over a social media post about Charlie Kirk’s death, citing gross immorality.
TALLAHASSEE, FL - Education Commissioner Anastasios Kamoutsas has found probable cause that a Clay County teacher displayed “gross immorality” in posting about Charlie Kirk’s death, he announced Monday as Attorney General James Uthmeier launched a tip line to report “violent extremism.”
The teacher, left nameless by Kamoutsas, could lose her teaching license after she posted to social media, “This may not be the obituary. [sic] We were all hoping to wake up to, but this is a close second for me,” News 4 Jax reported. Kamoutsas said the post included an article about Kirk’s assassination, which occurred at a college in Utah.
Photo: Anthony Roberts/Unsplash
In keeping with his promise two weeks ago to investigate teachers making “despicable comments” about Kirk’s death, Kamoutsas said he found probable cause on four Education Code violations. Either the teacher can forfeit her license, or she can be tried in front of department’s Education Practices Commission or the Department of Administrative Hearings.
The commissioner is seeking the revocation of the teacher’s license.
“As these posts continue to circulate, more and more students are exposed to the dangerous and false idea that violence is an acceptable response to differing beliefs, an idea that has no place and will have no place here in Florida schools,” Kamoutsas said.
The four standards Kamoutsas alleges the teacher breached are gross immorality, failure to protect the health, safety and welfare of students, reduced effectiveness as an educator, and failing to distinguish her personal views from the school’s.
“Holding educators accountable for speech that celebrates violence in schools is not a violation of free speech, it is a necessary step to uphold the standards of the teaching profession and the safety of our schools,” Kamoutsas said.
Last week, Florida Education Association President Andrew Spar told the Phoenix that the commissioner’s letter to superintendents vowing investigations sends a “chilling effect throughout the profession.”
“For the commissioner to say there’s no longer a second-chance mentality in education and that he’s going to personally investigate and essentially be the investigator, the prosecutor, and the judge and jury in all of these cases is quite concerning,” Spar said.
New portal for complaints
On a broader scope, Uthmeier’s office opened the “Combatting Violent Extremism Portal” “where people will be able to report anything they observe or hear that is a call for violence or a threat for violence against other individuals,” he said.
“Let me be clear, we respect the First Amendment more than anybody. We’re not going to be the cancel culture that we’ve seen from so long from the Left. We’re not going to believe in silencing individuals. But there’s a big difference when it comes to a threat of violence, a call for violence. That is not protected by the First Amendment,” Uthmeier said.
Since Kirk’s death, people nationwide have lost jobs for speaking about Kirk’s death in a manner their employer views as disfavored, such as late night talk show host Jimmy Kimmel.
Teachers are held to higher standards than many other professions, the state officials said.
“It’s never been more important for people to speak up, for us to have safe academic environments where people feel confident to engage in discussion, free from attack, free from violence,” Uthmeier said.
The portal, not exclusive to education settings, allows people to submit screenshots, videos, or other evidence of threatened violence to Uthmeier’s office, anonymously if they want to.
“We must protect before people are shot, before explosives go off,” Uthmeier said.
Warning against abusing the portal, Uthmeier said, “We’re going to take everything seriously and, if you abuse this, if you provide something in a dishonest fashion to law enforcement, we’ll hold you accountable as well.”
The campaign in-part mimics the Office of Parental Rights Uthmeier added to his office earlier this year to field complaints alleging violation of parental-rights laws.
“The First Amendment does not protect speech that is likely and intended to provoke immediate acts of violence, or speech that expresses a serious intent to commit a specific act of violence, but it does protect robust free expression, which includes criticism of the past words and actions of prominent public figures,” the American Civil Liberties Union of Florida said in an online statement last week following the state’s announcement it would investigate teachers.
“Dissent, disagreement, and counterspeech that criticizes political views should not be confused with condoning or encouraging violence,” the ACLU said, and retaliation for such speech “feeds hostility and division.”
After Kirk was killed, the ACLU continued, “Most people likely encountered speech they found despicable no matter where they fall on the political spectrum — that is the nature of a democracy where free speech is protected. While calling for further violence or condoning what happened to Charlie Kirk is wrong, many of the posts being cited for retaliation constitute core protected speech.”
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.
Florida teacher license revocation case, Charlie Kirk death social media reaction, Florida extremism reporting portal, free speech in Florida schools, ACLU response to Florida teacher discipline
by Glenn Mollette, Guest Commentator
