Assignment 3 PAD 525 Constitutional Rights
According to the first amendment of the United States, Freedom of Speech is a right each citizen is entitled to and is valued by all citizens under the constitution. Throughout the workplace, employees in the United States are most generally hired, and fired, based on the work relationship being deemed “at will” (Willey, 2009). Over the course of time, there have been cases where freedom of speech was questionable and not protected by the First Amendment of the United States Constitution. This can be best reviewed in Korb v. Raytheon Company, 707 F.Supp 63 concerning an employee’s constitutional rights to freedom of speech, in the workplace. Today, many employees are concerned with if a company has the right to terminate employees based on speech directly or indirectly related to the company and affects the company and individuals employed or associated with the company. Lawful agreements, such as the protection of free speech, can become the public interest and share in the courts deciding or
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2 reviewing employee dismissal (Willey, 2009). The following will be discussed: Facts related to Korb v. Raytheon, Issues and Ruling on Korb v. Raytheon, Challenges with Freedom of Speech, Challenges with Freedom of Information, Challenges with Employment Law, Public Perceptions of Raytheon and its influence with the Department of Defense, Fraud or Misrepresentation, and Additional Court Cases related to Korb v. Raytheon. Facts related to Korb v. Raytheon Company Raytheon Company, well-known for being an American Defense Contractor for the United States Military, was established in Cambridge, Massachusetts as an American Appliance Company. In Korb v. Raytheon Company, the plaintiff is Lawrence Korb who served as executive of the Raytheon Company. The defendant in this case was the employer Raytheon Company, and this case came about due to a dispute centered on a public criticism initiated by the plaintiff concerning the company’s defense spending policies (Korb v. Raytheon, 1989). This dispute ulitmately was concerned with the plantiff verbally criticizing this major defense manufacturer, while employed as an executive of the company. Korb was fired due to publically stating matters at a Committee for National Security (CNS) press conference. However, the Raytheon Company later offered him another position with less prestige. Korb denied the assignment and filed suit stating that the company demoted him and this was in attempt to unconstitutionally silence and reprimand him for being verbal concerning sensitive matters; subsequently he endured wrongful termination. Thus, the job of the courts was to consider whether or not the first amendment protection applied to Korb due to working for a private company the first amendment right could be denied at the discretion of the employer. However, it is the 1 st Amendment right of free speech most often violated in such employment situations (Solom………………………
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