N.J. Conductor Who Burned Koran to Sue Over Firing
(h/t: Nevergiveup)
Published November 05, 2010|Associated Press
NEWARK, N.J. — A former New Jersey train conductor fired two days after publicly burning pages from the Koran on Sept. 11 is expected to file a lawsuit Friday seeking reinstatement and monetary damages.In its suit, the American Civil Liberties Union claims Derek Fenton’s constitutional right to free expression was violated by the dismissal. The suit seeks his reinstatement as well as compensatory and punitive damages.
Fenton burned part of the Koran to protest plans to build an Islamic center several blocks from the World Trade Center site. Police ushered him from the scene but he was not arrested.
NJ Transit said it fired him for violating its code of ethics.
Fenton “has the right to engage as a citizen in expressive activity about matters of public interest, including matters related to the proposed construction of an Islamic community center near Ground Zero,” the lawsuit alleges. “When he burned pages of the Koran on September 11, 2010, as a protest against the center, Fenton was exercising that right.”
NJ Transit’s code of ethics requires employees to give notice to an ethics liaison officer before participating in political activities. An employee can then participate in political activities so long as state or federal law or agency rules don’t explicitly prohibit them and “the activity doesn’t conflict with the employee’s official duties.”
It’s not known if Fenton gave notice of his plans. An NJ Transit spokeswoman said Thursday the agency wouldn’t comment on pending litigation.
Frank Corrado, an ACLU attorney handling the case, said the First Amendment doesn’t protect employees of private companies but it applies in Fenton’s case because NJ Transit is a quasi-public company created by state statute.
Maybe this is a “flying pig moment” in that the ACLU is finally helping to protect freedom of speech for the counterjihad, at least in this one instance. Up to now, the ACLU has rarely been on the side of the angels.
The take-home lesson
A business or organization that is supported by our tax dollars does not get to violate the US Constitution. It does not get to muzzle employees and contractors who wish to engage in Constitutionally-protected political speech on their own time. If their “code of ethics” infringes, then it must be updated to uphold the US Constitution and any applicable State Constitution. If the organization finds that too problematic, then it is time to detach it from the government teat.
Of course, that goes for NPR, PBS, CPB, NEA, and NEH as well. It’s up to us to get our elected Senators and Representatives to take immediate, effective steps to enforce that.
Originally published on 1389 Blog.
