BNP Question

[Kuciwalker]

If the religion involved calling for the extermination of the Jews on a weekly basis then I'd be surprised if a local gov't couldn't ban its cops from belonging to that particular religion...

Thus the "in general".

The point being, the gov't is subject to restrictions on its ability to discriminate here, i.e. it's butting up against the 1st Amendment right to free association.

[KrazyHorse]

Whichever are the ones who deny the Holocaust and want to push the Jews into the sea.

Field Muslims, then...

[KrazyHorse]

Thus the "in general".

The point being, the gov't is subject to restrictions on its ability to discriminate here, i.e. it's butting up against the 1st Amendment right to free association.

Look, the standard is that the government has to demonstrate some valid reason to base employment discrimination on a protected freedom. But this is FAR different than what the government would have to demonstrate in order to, say, criminalize a religion or an association. That's what I mean by saying that government employment is not a fundamental right.

[Drake Tungsten]

The point being, the gov't is subject to restrictions on its ability to discriminate here, i.e. it's butting up against the 1st Amendment right to free association.

The right to free association doesn't apply in the case of government employees; the successful witchhunt of Van Jones is proof enough of that.

[Kuciwalker]

No, what I responded to was "this is not a matter of freedom of association". It is; it's an edge case where the balancing works in favor of the government.

xpost

[Kuciwalker]

The point being, the gov't is subject to restrictions on its ability to discriminate here, i.e. it's butting up against the 1st Amendment right to free association.

The right to free association doesn't apply in the case of government employees; the successful witchhunt of Van Jones is proof enough of that.

Nice one, though the obvious response is that Van Jones was a political appointee.

[Drake Tungsten]

Political appointees have the same fundamental rights as other government employees. In this case, that's none...

[Kuciwalker]

Political appointees have the same fundamental rights as other government employees.

No. But again, nice troll.

[Drake Tungsten]

Yes.

[KrazyHorse]

No, what I responded to was "this is not a matter of freedom of association". It is; it's an edge case where the balancing works in favor of the government.

xpost

You're right; I shouldn't have made that strong a statement.

[Drake Tungsten]

In all seriousness, read up on the Hatch Act if you want to see how much freedom of association federal employees have.

[Kuciwalker]

I know about the Hatch Act. It doesn't help you.

[Drake Tungsten]

I'm not even trying.

[Kuciwalker]

e.g., a political appointee could lose his job for being Republican, most gov't employees could not.

[Drake Tungsten]

Depends on how committed a Republican the government employee wants to be.

And the department he/she works for, of course.