Jon Ryan speaks up on Culliver ...

Hawkspur

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400WattHPSHawk":1oa7xfso said:
The Constitution of the United States, should, and still does, trump corporate by-laws (for now).

If that's the case then he'll have little to worry about.
 

400WattHPSHawk

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Hawkspur":ylkgc7v9 said:
400WattHPSHawk":ylkgc7v9 said:
The Constitution of the United States, should, and still does, trump corporate by-laws (for now).

If that's the case then he'll have little to worry about.

As it should be. He didn't murder anyone or even physically harm anyone. People talk shit every day.
 

pinksheets

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400WattHPSHawk":c0ujvaoa said:
The Constitution of the United States, should, and still does, trump corporate by-laws (for now).
Try calling your boss a litany of racial slurs and see if the Constitution helps you.

That's not how it works......... at all. Private employers have the ability to fire employees who say awful things at work or who say awful things while representing them.

Freedom of speech pertains to the state limiting speech, not saying whatever you want consequence free.

Does the Constitution trump this forum's TOS? Try saying the worst thing you can possibly imagine and see what happens!
 

400WattHPSHawk

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pinksheets":3m8jg2m4 said:
Try calling your boss a litany of racial slurs and see if the Constitution helps you.

I only read the article and did not see or hear any audio/visual of the press conference. But i get the gist of it.

So where do the racial slurs come in?
 

pinksheets

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400WattHPSHawk":14s5rbd5 said:
pinksheets":14s5rbd5 said:
Try calling your boss a litany of racial slurs and see if the Constitution helps you.

I only read the article and did not see or hear any audio/visual of the press conference. But i get the gist of it.

So where do the racial slurs come in?
The point being that your freedom of speech is not absolute in all venues. It pertains to state limitations of speech and that's about it. Your employer can fire you for saying things they deem against their policy AT work, ABOUT work, while representing work, or in public while identifying yourself as a part of the organization. You have no freedom of speech on this forum, you have no freedom of speech at work, you have no freedom of speech in your interpersonal relationships. You can be punished for saying awful things in several facets of life in several ways, you just, for the most part, can't be so by the state. Corporate bylaws don't trump the Constitution, they just operate entirely separately and the Constitution offers you little to no protection in these instances.

The reason I used racial slurs was that racist comments are easily equatable with homophobic ones, though many seem to be amazingly more forgiving about the latter. You can't say whatever you want without consequences, you have to make responsible decisions as an adult and not be a jerkoff.
 

Hawkspur

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400WattHPSHawk":1zgcwniv said:
Hawkspur":1zgcwniv said:
400WattHPSHawk":1zgcwniv said:
The Constitution of the United States, should, and still does, trump corporate by-laws (for now).

If that's the case then he'll have little to worry about.

As it should be. He didn't murder anyone or even physically harm anyone. People talk shit every day.

Sorry, last post from me about this as it's not the PWR, but.... does that mean that anybody can come up to you in a bar or restaurant and say whatever they like, in a vicious and aggressive way, to you and about you, your wife, children, friends etc, all unprovoked. You might ask them to stop and if they persist you'd expect the proprietors of the establishment to move them or throw them out. I'm not suggesting the police should be called, nobody's resorting to violence, but that there is some degree of being held to account for your actions. Can they then invoke freedom of speech and expect to be allowed to continue, meaning that your experience us affected and other clients may leave, leading to a loss of profits fir the business?

And what about schools? Can staff and students say absolutely anything without fear of discipline?

If so, the constitution might need a bit if a tweek to allow a reasonable degree of flexibility.
 

JesterHawk

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Michael Richards isn't in jail, but he isn't working anymore either. He just had to drop one racial slur 6-7 times during a COMEDY event.

Constitution protected his right to speech, the laws of a free economy cost him his future ability to work.

You're free to speak under the constitution, but you can still pay consequences for it.
 

kidhawk

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SouthSoundHawk":2eygoa9d said:
Does this hurt the NFL's image?

Is it not Roger Goodell's job to "protect the shield?"

Just a few things to think about. No need to answer them, think of them as rhetorical.

Suspension? If I were RG I'd enforce this during training camps, and the preseason games, and make sure he just keeps this kind of talk for home and around friends. I just don't see the need for it inside a locker room or around any NFL facility, what would be the purpose...

Honestly, I don't think this should be an NFL issue, but a team issue. The team needs to be able to decide for itself what consequence it feels is best for the behavior shown by a representative of them. If the Niners feel they've done what they feel is best in the eyes of their organization, than I'm ok with it. Afterall, it's not like he is hurting my team
 

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kidhawk":2wa5s7bx said:
SouthSoundHawk":2wa5s7bx said:
Does this hurt the NFL's image?

Is it not Roger Goodell's job to "protect the shield?"

Just a few things to think about. No need to answer them, think of them as rhetorical.

Suspension? If I were RG I'd enforce this during training camps, and the preseason games, and make sure he just keeps this kind of talk for home and around friends. I just don't see the need for it inside a locker room or around any NFL facility, what would be the purpose...

Honestly, I don't think this should be an NFL issue, but a team issue. The team needs to be able to decide for itself what consequence it feels is best for the behavior shown by a representative of them. If the Niners feel they've done what they feel is best in the eyes of their organization, than I'm ok with it. Afterall, it's not like he is hurting my team

So, we have more proof that Harbaugh is a complete douchebag since he cares more about winning than making sure the right message is sent? Sounds right to me.
 

pehawk

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Hawkspur":1urn5m94 said:
I'll also add that when I was a teenager I had 5 or 6 friends/acquaintances who were outwardly homophobic. A decade or so later, 3 of them came out, but only after a few years of doing their best to make a few classmates' and teachers' lives miserable.

I'd imagine that a locker room full of alpha-male types would be intimidating workplace in which to be gay. After seeing what happened at high school I always wonder about someone's motives when someone makes an aggressively homophobic statement.

(pehawk starts unzipping pants)
 

AbsolutNET

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If he was a white guy saying "Hell no I'm not sharing a locker room with any black guys" he would have been cut by now. I'd imagine some sort of punishment by his employer would be reasonable in this case.
 

kidhawk

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Sarlacc83":34a7icuf said:
kidhawk":34a7icuf said:
SouthSoundHawk":34a7icuf said:
Does this hurt the NFL's image?

Is it not Roger Goodell's job to "protect the shield?"

Just a few things to think about. No need to answer them, think of them as rhetorical.

Suspension? If I were RG I'd enforce this during training camps, and the preseason games, and make sure he just keeps this kind of talk for home and around friends. I just don't see the need for it inside a locker room or around any NFL facility, what would be the purpose...

Honestly, I don't think this should be an NFL issue, but a team issue. The team needs to be able to decide for itself what consequence it feels is best for the behavior shown by a representative of them. If the Niners feel they've done what they feel is best in the eyes of their organization, than I'm ok with it. Afterall, it's not like he is hurting my team

So, we have more proof that Harbaugh is a complete douchebag since he cares more about winning than making sure the right message is sent? Sounds right to me.

Works for me
 

pehawk

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12th_Bob

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I agree with Pinksheets, the constitution only bars the state from doing anything but as an employee of the NFL, he could face consequences. Doubt that will happen though, players say dumb things all the time, Mendenhall - Bin Laden comes to mind, I don't think the NFL will try and get involved in the situation, they probably could at least fine him but I don't think they would. I also agree with Pehawk, most homophobic statements from bigots usually indicate that person is a closeted homosexual, perhaps he should look in the mirror?
 
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pinksheets":3rzo1x0v said:
400WattHPSHawk":3rzo1x0v said:
pinksheets":3rzo1x0v said:
Try calling your boss a litany of racial slurs and see if the Constitution helps you.

I only read the article and did not see or hear any audio/visual of the press conference. But i get the gist of it.

So where do the racial slurs come in?
The point being that your freedom of speech is not absolute in all venues. It pertains to state limitations of speech and that's about it. Your employer can fire you for saying things they deem against their policy AT work, ABOUT work, while representing work, or in public while identifying yourself as a part of the organization. You have no freedom of speech on this forum, you have no freedom of speech at work, you have no freedom of speech in your interpersonal relationships. You can be punished for saying awful things in several facets of life in several ways, you just, for the most part, can't be so by the state. Corporate bylaws don't trump the Constitution, they just operate entirely separately and the Constitution offers you little to no protection in these instances.

The reason I used racial slurs was that racist comments are easily equatable with homophobic ones, though many seem to be amazingly more forgiving about the latter. You can't say whatever you want without consequences, you have to make responsible decisions as an adult and not be a jerkoff.

pinksheets has it correct. This is not a case of freedom of speech. Culliver is representing his employer, the San Francisco 49ers, and they have the right to tell him what he can or cannot say. Culliver can absolutely disregard his employers wishes if he wants - but then the 9ers can then fire him if they want.
 

CANHawk

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NFL personal conduct policy ":3kid7ldu said:
Personal Conduct Policy

All persons associated with the NFL are required to avoid "conduct detrimental to the integrity of and public confidence in the National Football League." This requirement applies to players, coaches, other team employees, owners, game officials and all others privileged to work in the National Football League.

For many years, it has been well understood that rules promoting lawful, ethical, and responsible conduct serve the interests of the League, its players, and fans. Illegal or irresponsible conduct does more than simply tarnish the offender. It puts innocent people at risk, sullies the reputation of others involved in the game, and undermines public respect and support for the NFL.


Read more: http://www.post-gazette.com/stories/spo ... z2JgE0FnjZ

I'd say Culliver's comments fit the bill. This is a league that fines you $15k for wearing the wrong socks. I think he's got some kind of disiplinary action coming his way. I'd fire him if he worked for me...
 

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razgriz737":22ostdyy said:
Rocket":22ostdyy said:
The employer has NO right to control a man verbalizing his opinion when he's off the clock. We have a god-given constitutional right to differ and say so...
The Constitution only protects free speech from government interference. People get fired for Facebook postings all of the time.
True. IMHO, that is wrong as well. In an at-will state it's legal, but that doesn't make it right.
 

therealjohncarlson

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Hawkspur":1gxu1zew said:
400WattHPSHawk":1gxu1zew said:
The Constitution of the United States, should, and still does, trump corporate by-laws (for now).

If that's the case then he'll have little to worry about.

What does the constitution have to do with this case? The gov isnt going to arrest him.
 

DavidSeven

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Remember that the NFL fines its players and coaches for publically criticizing its officials, even when the statements are made "off-the-clock."

The Constitution will only protect Culliver from the government. It has no say over how a private enterprise, like the NFL, conducts itself re: penalizing speech.
 

ivotuk

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AbsolutNET":3dse8ahp said:
If he was a white guy saying "Hell no I'm not sharing a locker room with any black guys" he would have been cut by now. I'd imagine some sort of punishment by his employer would be reasonable in this case.

I don't think it's the same thing. While it is easily understood that one is born a certain color, many people are ignorant to that fact that sexual orientation is also biological. They believe that people are making a choice to be gay because they don't understand it and are looking at it from their own viewpoint. Culliver is obviously turned off by gay, or bisexual people and likely thinks that everyone else feels the same way.

I have a friend who is a hermaphrodite and he didn't make any choice, but instead, followed the desires that he was born with. No one should pass judgement on his, or anyone elses sexual preferences because the most likely don't understand the biology behind it. I know I sure don't, I can only make an educated guess and respect their choices, whether I subscribe to them or not.

My suggestion, more than a fine or a suspension, Culliver needs an education.
 

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