The First Amendment never protected your job

The media firestorm around Juan Williams' firing following his comments about Muslim airplane passengers breaks down, generally, along two camps. Either you believe that Williams' made a bigoted statement that would impair his ability to be an objective news analyst for NPR, and therefore should be fired; or you think an overabundance of political correctness cost him his job and impinged on his First Amendment rights. As Sarah Palin, tweeted, "NPR defends 1st Amendment Right, but will fire u if u exercise it."

But there's another way to look at this issue. If you stop and think about it, countless other companies would do the same thing, which means invoking the First Amendment rationale here simply makes no sense. The First Amendment prohibits laws from being passed that inhibit speech. It does not, however, necessarily protect your job--and does not require businesses or nonprofits to keep people employed, no matter what they say.

I'll say upfront that I'm a little mixed on NPR's decision to fire Williams. I can easily see how his comments, even with the tempered context of the entire discussion between him and Bill O'Reilly, would violate NPR's neutrality standards. At the same time, I'm not sure firing was the right decision. I tend to agree with Adam Serwer that more might have come from a reprimand and a public dialogue about Williams' comments. "Firing people for things like this," Serwer writes, "tends to chill the public discourse."

But I take issue with the defense that Williams' First Amendment rights are being violated. Countless employees have been fired for speaking their minds in ways that could potentially damage their employer. That's especially true in an age of social media, when employees are only one tweet or blog post away from saying something that hurts the company they work for.

Williams may not have been openly critical of NPR or identified as an NPR employee at the time of his comments. And he may have expressed a view that, unfortunately, many Americans share. But he is well known enough that he represents NPR, even if his TV tagline says otherwise. And if he agreed to impartiality standards as part of his contract and the company feels he violated them, it is his employer's decision whether or not his comments will damage his ability to do his job as an objective news analyst.

Did NPR rush to judgment in firing Williams? Perhaps. Is there a heightened sensitivity to racial and ethnic commentary by journalists in a particularly charged political environment? Most definitely. But to decry that Williams' First Amendment rights are being violated is quite simply not the issue.

Leaders have to make decisions every day about the employees they hire, retain and fire. Like it or not, if the employee is well known enough as a company representative that their public comments could harm the company's brand, or inhibit them from truly doing what they were hired to do, they may be shown the door. They can say all they want once they're on the other side.

By Jena McGregor | October 22, 2010; 9:50 AM ET | Category: Decision-making , Nonprofit leadership Save & Share:

Previous: The Tribune Co.'s leadership fiasco | Next: Wikileaks' Julian Assange: When the leader becomes the story

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