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Poll > Idea For A Worker's Rights Bill > Protect The Working Man In Digital Age
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Sep 12 2014 06:23pm
Quote (Skinned @ Sep 13 2014 02:55am)
How many employees fired for speech were members of a strong union?

Quote (PlasmaSnake101 @ Sep 13 2014 03:00am)
Not enough. Which is why I always support union membership and generally side with union interests.

how strong / relevant are the unions in the U.S. anyways? popular culture has told me that both union busing and corrupt unions are time honoured traditions over the pond
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Sep 12 2014 06:47pm
Quote (PlasmaSnake101 @ Sep 12 2014 02:18am)
The digital society has done much for the exchange of ideas. Whereas people once were closed and secluded in their ideology, the internet has allowed individuals to explore political and social notions to a much greater extent in a much larger forum. This, of course, comes with minor risks, such as a growing sentiment of intolerance, but I think we can all agree that the exchange of ideas is a perfectly health and necessary aspect of democratic society.

With that said, people have suffered monetary hardship for expressing themselves on the internet (or even in private to be leaked to the internet without their consent), and in some nations people have been imprisoned for expressing "hateful" opinions.

I think America has a duty to lead the fight in protection of the working class by passing a law. This law would protect every individual from overreaching government and large corporations. Keep in mind I have no experience in writing laws, this is just a general idea.

Freedom of Opinion Act

1. Government officials may not make a statement about a citizen's opinion. It is inappropriate for government officials to state opinions on these matters when speaking as a representative of the United States. (For instance, the American Government would not be allowed to denounce videos that allegedly incite attacks on US Embassies)
1.a. Government officials may make statement about the opinions of citizens when not speaking as a representative of the United States government. (So, the President can denounce the video on a Talk Show, but cannot at a White House Press Conference)

2. Business institutions may not terminate an employment contract solely based on incidences out of work that involve the expression of opinion. (For instance, employers wouldn't be able to fire you for liking a white nationalist group on Facebook, saying hateful things on the internet or something of that nature)
2.a. A business may terminate an employment contract if it can adequately demonstrate excessive or long lasting monetary damages due to the speech. (So, if a business loses excessive patronage and revenue after the incident, the employee may be fired after the business demonstrates that they suffered damages as a result)

3. Employment contracts may not contain language aimed at restricting an employee's speech outside of the workplace. (Employment conditions that forbid you from expressing your opinion are anti-democratic)
3.a. Employment contracts may contain language aimed at restringing an employee's speech in the workplace. (This is pretty self explanatory, you're not a democratic actor while at work, but an employee)

4. Employers may not terminate an employment contract based on alleged criminal behavior. (If a man is seen beating his wife, he may not be fired until...)
4.a. Employers may terminate an employment contract if an individual is found guilty of aggressive criminal behavior or extended arrest scenarios. (Domestic abuse, dog fighting, rape, murder, DUI resulting in injury or death of another person)

I think such a law would be effective in combating a bullying technique practiced by individuals of all political leanings, targeting advertisers and corporations in order to have speech you disagree with restricted. While this wouldn't remove all consequences from speech, it would afford workers some protection. So teachers wouldn't get fired for posting beach side bikini pictures on their private Facebook pages, team owners wouldn't have pressure to resign/sell placed on them after expressing unpopular opinions in non-business scenarios, and media personalities wouldn't risk losing their jobs for expressing harsh opinions.

In summation, the Market is a dehumanizing institution, and we as Americans have a duty to protect freedom of speech and opinion before corporate interests.


Those laws would fuck up everything in the same way tenured professors fuck up the educational system.
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Sep 12 2014 07:15pm
Quote (PlasmaSnake101 @ Sep 12 2014 07:54pm)
Can you for once elaborate on your ideas, or is Kamahl right about you?


Sure ill elaborate.

Quote
1. Government officials may not make a statement about a citizen's opinion. It is inappropriate for government officials to state opinions on these matters when speaking as a representative of the United States. (For instance, the American Government would not be allowed to denounce videos that allegedly incite attacks on US Embassies)
1.a. Government officials may make statement about the opinions of citizens when not speaking as a representative of the United States government. (So, the President can denounce the video on a Talk Show, but cannot at a White House Press Conference)


Part of their job is to address problems and other things that are going on. Its frankly retarded to not allow them to criticize things.

You want to ban their speech.
They shouldn't be allowed to criticize people when they incite attacks on the US? really now?
What purpose does that serve? Nothing good.

Enforcing that ridiculous law would also be incredibly difficult and arbitrary.

You don't like that someone is criticizing you? Too bad. Get thicker skin, and dont do stupid or bad things like incite attacks against the US.

Quote
2. Business institutions may not terminate an employment contract solely based on incidences out of work that involve the expression of opinion. (For instance, employers wouldn't be able to fire you for liking a white nationalist group on Facebook, saying hateful things on the internet or something of that nature)
2.a. A business may terminate an employment contract if it can adequately demonstrate excessive or long lasting monetary damages due to the speech. (So, if a business loses excessive patronage and revenue after the incident, the employee may be fired after the business demonstrates that they suffered damages as a result)


Moral hazard: You can do any stupid stuff you want and they are forced to not fire you. This takes away disincentives of bad behavior, and infringes on the employers right to contract and freedom of association.
If employees are allowed to act like total jackasses that could easily hurt their business and you want them to be banned from being fired..
They should also not have to sit through massive damages and then prove it happened. It can be very difficult to prove a direct causation and why wait until the damage is already done? Thats terrible for the economy.

ex: You are standing outside swearing up and down and your social media is filled with racial slurs and bigotry. You also decide to carve a swastika into your forehead.
Other people take note of this and don't like you. They don't want to associate with you and decide not to go to your workplace.
A simple absence of people from the store you work at does not leave any evidence that it was your fault.
Meanwhile months go by and your employer is being forced by the government thugs to keep giving you money while their business is possibly being irreparably harmed.
Simply being allowed to fire you is much smoother and conducive with liberty.

Quote
3. Employment contracts may not contain language aimed at restricting an employee's speech outside of the workplace. (Employment conditions that forbid you from expressing your opinion are anti-democratic)
3.a. Employment contracts may contain language aimed at restringing an employee's speech in the workplace. (This is pretty self explanatory, you're not a democratic actor while at work, but an employee)

My previous response applies to part of this.

You want to force everyone into a contract to which they may or may not agree.
If I want to offer someone money with a stipulation that they don't say certain things I should be more than free to do that and someone else should be more than free to accept that offer.

If I own a bookstore I don't want my employees telling people my shop sucks or encouraging the democrats to come in and burn my books.


Quote
4. Employers may not terminate an employment contract based on alleged criminal behavior. (If a man is seen beating his wife, he may not be fired until...)
4.a. Employers may terminate an employment contract if an individual is found guilty of aggressive criminal behavior or extended arrest scenarios. (Domestic abuse, dog fighting, rape, murder, DUI resulting in injury or death of another person)


So you want to FORCE employers to keep employing criminals against their will.
This should be obvious why it would work out horribly.
The court system can drag on for months or years.
We have the same situation as before. Someone is doing something wrong that people are likely to hate and their employment is a drag on the business.

I believe a person should be allowed to terminate someone's employment for crimes unless they are (freely) contractually obligated to do otherwise.

Quote
Those laws would fuck up everything in the same way tenured professors fuck up the educational system.

Thats a good analogy.
It essentially allows them to be shitty employees without repercussion.

This post was edited by cambovenzi on Sep 12 2014 07:16pm
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Sep 12 2014 07:20pm
Quote (killg0re @ Sep 12 2014 04:29am)
Freedom of speech doesn't mean freedom from consequence, bigot.

We as dehumanized actors in a market deserve to be the best products money can buy.

I will read when I'm sober, voted yes pre-emptively though.


Freedom of speech absolutely means freedom from consequences. You're not free to express yourself if you lose the ability to make a living.
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Sep 12 2014 07:30pm
Quote (nineinchnailz @ Sep 12 2014 09:20pm)
Freedom of speech absolutely means freedom from consequences.  You're not free to express yourself if you lose the ability to make a living.


No it doesn't. You are misinformed.
The first amendment is meant to protect people from government punishment.

The idea that you won't ever have consequences for your speech is a fairyland myth.
If you call someone a bad name, the consequence is that they are often upset with you and may choose not to hang out with you.
If you treat someone with respect and kindness the consequence might be a friendship.
If you say freedom of speech means freedom from consequences, the consequence is that someone else will tell you that you are wrong.
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Sep 12 2014 07:39pm
Quote (cambovenzi @ Sep 12 2014 08:30pm)
No it doesn't.  You are misinformed.
The first amendment is meant to protect people from government punishment.

The idea that you won't ever have consequences for your speech is a fairyland myth.
If you call someone a bad name, the consequence is that they are often upset with you and may choose not to hang out with you.
If you treat someone with respect and kindness the consequence might be a friendship.
If you say freedom of speech means freedom from consequences, the consequence is that someone else will tell you that you are wrong.


Someone telling you that you're wrong is exactly what should happen in a free society. A virtual lynch mob targeting your employer acting as the thought police is 1984.
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Sep 12 2014 08:09pm
Quote (nineinchnailz @ Sep 12 2014 09:39pm)
Someone telling you that you're wrong is exactly what should happen in a free society.  A virtual lynch mob targeting your employer acting as the thought police is 1984.


So you want to restrict the speech of people who are offended by something in the name of protecting freedom of speech?
THAT is 1984 doublespeak
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Sep 12 2014 10:21pm
While I enjoy the spirit of the law, I don't believe that this is something the government should enforce. This is something society needs to learn on their own.
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Sep 12 2014 10:39pm
Quote (cambovenzi @ Sep 12 2014 05:15pm)
Sure ill elaborate.

Part of their job is to address problems and other things that are going on. Its frankly retarded to not allow them to criticize things.

You want to ban their speech.
They shouldn't be allowed to criticize people when they incite attacks on the US? really now?
What purpose does that serve? Nothing good.

Enforcing that ridiculous law would also be incredibly difficult and arbitrary.

You don't like that someone is criticizing you? Too bad. Get thicker skin, and dont do stupid or bad things like incite attacks against the US.


Government officials can denounce messages by foreign nationals, the law wouldn't prevent that.

However, as far as US citizens are concerned, it is not the role of the government to criticize opinions. They, speaking as officials of the State, are expressing the opinion of the government. It is inappropriate for the actual government to denounce expression.




Quote (cambovenzi @ Sep 12 2014 05:15pm)
Moral hazard: You can do any stupid stuff you want and they are forced to not fire you. This takes away disincentives of bad behavior, and infringes on the employers right to contract and freedom of association.
If employees are allowed to act like total jackasses that could easily hurt their business and you want them to be banned from being fired..
They should also not have to sit through massive damages and then prove it happened. It can be very difficult to prove a direct causation and why wait until the damage is already done? Thats terrible for the economy.

ex: You are standing outside swearing up and down and your social media is filled with racial slurs and bigotry. You also decide to carve a swastika into your forehead. 
Other people take note of this and don't like you. They don't want to associate with you and decide not to go to your workplace.
A simple absence of people from the store you work at does not leave any evidence that it was your fault.
Meanwhile months go by and your employer is being forced by the government thugs to keep giving you money while their business is possibly being irreparably harmed.
Simply being allowed to fire you is much smoother and conducive with liberty.


We already restrict an employer's right to freedom of association with anti-discrimination laws. This is why you can't fire a homosexual or an African American even if you or your customers are intolerant bigots.

Your example is silly, swastika carving could be against dress code and this law wouldn't prevent that. Also, most people can differentiate between a random employee's private page and the official company, unless they're trying to get the person fired in order to punish them for having an unpopular opinion, which is anti-democratic.

The law would also demonstrate that the concept of punishing a business is asinine since businesses have no power over the opinion and expression of the people they employ. However, direct harassment of patronage online would be obvious proof of attempts to damage the business and would justify firing.



Quote (cambovenzi @ Sep 12 2014 05:15pm)
My previous response applies to part of this.

You want to force everyone into a contract to which they may or may not agree.
If I want to offer someone money with a stipulation that they don't say certain things I should be more than free to do that and someone else should be more than free to accept that offer.

If I own a bookstore I don't want my employees telling people my shop sucks or encouraging the democrats to come in and burn my books.


Direct harassment towards patrons or defamation of business are provable offenses that can justify firing. This law isn't written to protect that manner of speech and 2.a. provides legal authority to terminate employment in such cases.


Quote (cambovenzi @ Sep 12 2014 05:15pm)
So you want to FORCE employers to keep employing criminals against their will.
This should be obvious why it would work out horribly.
The court system can drag on for months or years.
We have the same situation as before. Someone is doing something wrong that people are likely to hate and their employment is a drag on the business.

I believe a person should be allowed to terminate someone's employment for crimes unless they are (freely) contractually obligated to do otherwise.


Thats a good analogy.
It essentially allows them to be shitty employees without repercussion.


Nah, once you have completed a criminal sentence, you should stop being punished for your previous offenses. And baseless accusations are no grounds to fire someone.

Also, being a vocal person on your free time and being a good employee are two different things. Someone's opinions doesn't impact their ability to work. And what they press on a keyboard in their free time has no impact either.

Some Libertarian you are, you're licking the boots of your government and corporate masters (protip: They're the same)
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Sep 12 2014 10:42pm
Quote (thundercock @ Sep 12 2014 08:21pm)
While I enjoy the spirit of the law, I don't believe that this is something the government should enforce. This is something society needs to learn on their own.


Government action is effective at swaying societal opinion.

Much like how the end of segregation was something society wasn't willing on.

Much like how the founding of this nation was something the public opposed. We need heroes to guide the masses. While the average person is of good nature and intelligence, the group has the mental capacity of a toddler. The masses are too ignorant and irrational to lead themselves into the light. Government must govern.
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