Political & Legal
Political and Legal Assignment 2
1. The First Amendment is the freedom of speech, the Fourth Amendment is search and seizure, the Fifth Amendment is fair proceedings, and the Fourteenth Amendment is anti-discrimination.
A. The First Amendment grants all the freedom of speech and protects people who do. Items of everyday normality like “table talk” and “tailboard” criticisms are legitimate uses of free speech and regulations against them would not stand up. The display of items on a uniform are considered free speech but most organizations have policies and procedures in place to ensure uniform standards. The “whistle blowing” rules are covered under free speech. But the fire officer can not put in place orders not to talk to the press; it is not in his control. If there is an investigation, need to protect evidence and other issues that need to remain confidential then it can be considered but the fire officer still does not have the power to place the order it must be done carefully and under legal consideration. In 1968 in Pickering v. Board of Education the Supreme Court set out six instances where employers can squelch the freedom of expression of its employees. These are:
1. To maintain discipline and harmony.
2. Preserve confidentiality.
3. When someone has access to information that may be discussed inappropriately.
4. When an employee’s statement impedes others work performance.
5. When an employees performance come into play in conjunction with statements that have no foundation.
6. When the right to freedom of speech is used and it would violate personal loyalty or a confidence.
B. The Forth Amendment addresses the need for individuals to have the private property and that no one can search through or take that property with out probable cause. If the search is for possible criminal matters then a legal warrant must be obtained so any evidence found can be used in court. For a fire chief to inspect anyone’s personal property in the
1. The First Amendment is the freedom of speech, the Fourth Amendment is search and seizure, the Fifth Amendment is fair proceedings, and the Fourteenth Amendment is anti-discrimination.
A. The First Amendment grants all the freedom of speech and protects people who do. Items of everyday normality like “table talk” and “tailboard” criticisms are legitimate uses of free speech and regulations against them would not stand up. The display of items on a uniform are considered free speech but most organizations have policies and procedures in place to ensure uniform standards. The “whistle blowing” rules are covered under free speech. But the fire officer can not put in place orders not to talk to the press; it is not in his control. If there is an investigation, need to protect evidence and other issues that need to remain confidential then it can be considered but the fire officer still does not have the power to place the order it must be done carefully and under legal consideration. In 1968 in Pickering v. Board of Education the Supreme Court set out six instances where employers can squelch the freedom of expression of its employees. These are:
1. To maintain discipline and harmony.
2. Preserve confidentiality.
3. When someone has access to information that may be discussed inappropriately.
4. When an employee’s statement impedes others work performance.
5. When an employees performance come into play in conjunction with statements that have no foundation.
6. When the right to freedom of speech is used and it would violate personal loyalty or a confidence.
B. The Forth Amendment addresses the need for individuals to have the private property and that no one can search through or take that property with out probable cause. If the search is for possible criminal matters then a legal warrant must be obtained so any evidence found can be used in court. For a fire chief to inspect anyone’s personal property in the