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He Said: It’s not against the Constitution

November 13th, 2009 · 1 Comment · Print This Post Print This Post

BY NICK BLIESNER
Special to the Lions’ Pride

First, so it is clear, this is my first editorial for The Lions’ Pride. Since my freshmen year, I have wanted to contribute to the student newspaper, but never had the opportunity to do so until now. I’m happy to be writing this piece, and if asked to contribute again, and I hope to write another one for succeeding issues. Katie and I found it difficult to find a topic to write on, seeing as all of the more “controversial” topics previously had been argued by her and alumnus Josh Smith. However, I recalled the debate competition I participated in about two weeks ago hosted by the gentlemen of Alpha Phi Alpha fraternity. They hosted great debates among the Greek community spanning a wide variety of topics. Thus, the topic presented here was the one to which I had to argue in the affirmative. Thus, does sanctioning employees due to the contents of their personal social networking media unfairly infringe upon their personal right to free speech?

To this I argue, no.

I acknowledge that the constitution does provide for the free expression of speech as provided by the first amendment. However, in this digital age, the rules to which society has previously upheld these principles have changed with the innovation of the internet and other social networking media (Facebook, Twitter, MySpace, Photobucket, etc.). In the first place, let me remind all of you of a very significant fact. The “www” at the beginning of ANY domain name stands for WORLD WIDE WEB, an intricate network weaved together linking people to people globally. Anyone who has access to a simple internet server can access any site. Thus, pages like Twitter and Facebook can be accessed by anyone who is willing to join. Of course, I recognize these sites have certain security protocol that protects personal user accounts and provides users with the capacity to regulate who sees their profiles. To that, a certain level of discretion must be exerted. Because anyone can create an account with these sites, your future employer may make an account scouting for potential recruits. You have the capacity to deny anyone to see your page at YOUR discretion.

In the second place, the freedom of speech of the employee is not being infringed upon. They employer is not prohibiting the employee from participating in the social sites by any means. Thus, no right is being infringed. The employee can say what he wishes in a public domain. That right is not being taken away. However, it is the right of the employer to sanction the employee based upon what is posted in a PUBLIC domain if the employer feels that the material posted violates the contract that the employee agreed to.

In the third place, anything posted on a public site cannot be taken down. Once posted the material remains, in some fashion, permanently on the internet. Thus, when searched, the material can be found even if the “owner” has removed it from his personal account.

In conclusion, the overall point I am trying to convey is, be mindful of what you post on your social networking sites. The information you post can be seen by those who seek it out. Your rights aren’t being infringed upon. Say what you wish, but it’s your responsibility to use discretion.

Tags: Opinion

1 response so far ↓

  • 1 Joshua M. Smith // Nov 26, 2009 at 3:32 am

    Nice work, Nick! Good luck to you as you do rhetorical battle against the formidable (and absolutely irreplacable) Katie Gaiser.

    Joshua M. Smith
    Lions’ Pride Online Editor (ret.)
    SLU Class of 2009

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