First Amendment doesn't protect you from stupidity

Every few months someone gets fired for saying something completely moronic (usually on the radio), and defenders of that person always scream that the offender's first amendment rights are being violated.

As a reminder, the First Amendment says the following: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Without the First Amendment, religious minorities could be persecuted, the government might well establish a national religion, protesters could be silenced, the press could not criticize government, and citizens could not mobilize for social change.

Of course, Congress has tried to make some laws at times, such as legislation banning flag burning, but the Supreme Court struck it down, and the courts deal continuously with cases regarding pornography, libel, hate speech, etc.

While most people are for free speech as a concept, many don't not believe that everyone at every time has a right to say or write whatever they want. An interesting survey on people's thoughts on the first amendment from 2006 can be found here: http://www.firstamendmentcenter.org/sofa_reports/index.aspx

But that is not the main point I am getting at. While the First Amendment does give you the right in the United States to march with the KKK, protest the President in front of the White House, and write blogs on the Internet, it doesn't mean your employer cannot fire your ass the minute they decide your comments and thoughts are harmful to them. The moment you forget this, is the moment you could be crossing the line and giving your employer undesired attention. At that point, depending on the comment and your value to the company, you may find yourself unemployed.

When people complain about Don Imus being fired, they are incorrect in their complaints. His employers have every right to fire him, regardless of whether it is fair or not, good business sense or not. Imus has no First Amendment protection to employment.

The First Amendment means that the U.S. government doesn't have the right to throw him in jail, as they do in China and Cuba when someone speaks out, if they are lucky enough to not disappear.