Constitutional Rights Assignment 3 Essay

2109 Words9 Pages
Constitutional Rights
Turrochelle McEachern
Introduction to Public Policy/ PAD 525
8/22/2014
Professor Dr. Timothy Smith
This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of
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That business decision was not an interference with any secured rights under the first amendment of the constitution. Although Korb is free to express whatever opinions he wishes, his employer, Raytheon does not have to pay him to do so.
There is a distinct contrast in the freedom of speech rights of an employee of a private corporation and the freedom of speech rights of an employee of the government. The Massachusetts Supreme Court opinion in the Korb case reminds us of the famous dictum of Oliver Wendell Holmes in an 1892 Massachusetts case that involved a policeman who was a member of a "political committee" and who solicited money for that committee. The policeman was then discharged from the police department. The ex-policeman petitioned the court for restoration of his employment. The Massachusetts Supreme Court ruled that the petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman (Rbs2.com, 2000). There are few employments for hire in which the employee does not agree to suspend his constitutional rights of free speech as well as of idleness by the implied terms of his contract. The employee cannot complain, because he freely accepts the employment on the terms which are offered to him.
Analyze and explain any challenges with freedom of information.
In the United States, freedom of the press and the broader freedom of speech are protected by the First
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