Malum Prohibitum said:
M249 said:
Should a private company be able fire the woman for doing this if it violates policy? Yep. Should the government? Absolutely not.
Even if this is a bulletin board at work (government job)?
Yes. It's my opinion that the government, even as an employer*, cannot restrict free speech. Of course, after McCain-Feingold, I have serious concerns as to the SCOTUS's ability to read an comprehend the Constitution.
*.mil is excluded. This has been supported by the Supreme Court, but I can't find the supporting cases. I think the spooks sign agreements accepting restrictions on 1A rights, too, but I've never been a spook, so it's speculation on my part.
ETA: I believe .mil exclusion is in PARKER v. LEVY, 417 U.S. 733 (1974), but I'm just scanning it, and don't have time to read the whole thing.
while military personnel are not excluded from First Amendment protection, the fundamental necessity for obedience, and the consequent necessity for discipline, may render permissible within the military that which would be constitutionally impermissible outside it.