The United States Constitution Prohibits The Making Of Any Law

1447 WordsJan 31, 20166 Pages
(Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably Assemble or prohibiting the petitioning for governmental redress of grievances. In Accordance with the first amendment the U.S. Supreme Court has made an exception to its First Amendment jurisprudence for public employees through the incorporation of the Balancing test. The Balancing Test is defined as the principle emerging out of U.S. Supreme Court Cases that the individual liberties of public employees protected by the Constitution are no absolute and must be balanced against the requirements of their government jobs. through the balancing Act the Court provides guidelines on balance between the public needs and Individual rights outside the context of the Hatch Act and Partisan Politics. In my opinion, the Balancing test tries to provides protection for the employee rights of freedom of speech and expression serving as a tool for employees to fight against the injustice and unfair dismissals the Managers, public or nonprofit organizations , But still has major drawbacks in its application in situations where the rights of the employees are undermined for the sake of the benefit of the employer and its respective Organization. Some of the major cases serving as an example of the balancing test
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