Recently I spoke at Utah Valley University about the private regulation of speech, particularly in businesses curtailing not just workplace speech but speech outside of the workplace. We have discussed such incidents where people were fired for YouTube videos or drunken scenes. This “little brother” problem falls outside of the first amendment which addresses government regulation of speech. As a result, businesses have wide latitude in punishing employees for private conduct, though some states have laws protecting some forms of speech and employment such as voting and political activities. We have a new such case involving a woman in Ontario who shot and posted a video of her berating a neighbor for flying a Mexican flag. The video caused many to be understandably angry with Tressy Capps, who didn’t seem to see how obnoxious she appeared in her own posted video. However, it has not escaped her employer, which proceeded to fire her.
The video below is incredibly insulting and intolerant in my view. Capps suggests that the family might want to move back to Mexico simply because they are flying the Mexican flag. Capps is described as a political activist and asks woman in the window
“Is that a Mexican flag in your front yard?” Capps is heard asking the homeowner, who is behind a window. You know we live in America right? This is the United States. So, why are you flying a Mexican flag in your front yard?”
The woman did not appear to understand English. Her husband Sigifredo Banuelos later told the media that he did not see what was offensive about flying the Mexican flag and that they fly both the American and Mexican flags.
Capps posted her video and not surprisingly received a harsh response. Her real estate company was not amused and fired her from an independent contactor position. For a real estate company in an area with a large Hispanic population, the decision was probably not viewed as a particularly difficult one. While the public confrontation did not involve her work, it certainly involved the clientele of her work. She made herself a liability and businesses are first to remove at-will employees who harm the bottom line.
I believe that there should be protection for private employees engaging in protected speech. However, when an employee seeks such notoriety and becomes such a liability, there is a stronger basis for the company acting to protect its business interests.
Woman Irate That Ontario Family Is Flying Mexican Flag In Their Front Yard
Nick-your experience is a good reminder that we should all try to act with decorum and a touch of class representing ourselves, our communities, our businesses, our schools, our ethnicity, our religion, our nations…etc. etc. One of my favorite books, by “Miss Manners” aka Judith Martin, advocates the idea that courtesy practiced consistently would reduce a lot of other societal problems.
pete, Canadians are great people, except for French Canadians. We all have a group we despise, a dark side. Having dealt w/ MANY French Canadians working @ the Jersey shore 2 summers in college, I grew to find them horrible people. Of course, not all, but too large a % to not be an aberration. Any waitress who worked the Jersey shore, any bartender, etc. feels the same as I do.
The 1st Amendment protects you from the government infringing upon your right to make an ass of yourself in public. The woman is still free to insult anyone she desires, hate on any flag she desires, and post videos of such behavior on the Internet.
So if you disapprove of someone’s flag, feel free to go and video yourself acting like an idiot in public. Go right ahead and put that video up as proof you are a good American. Just don’t start crying when people decide that they would rather not deal with you.
The Amendment does not protect you from the consequences of your actions.
if you want to complain about people flying other country’s flags, go after the canadian flags in florida. they’re really nice people and you’ll always leave with a couple of donuts and a cup of good coffee.
bettykath, Good catch on the dual flag flying. I must have skimmed over that part. Thanks for clarifying it and it is good to know.
I still stand by my not associating with someone who would fly another flag only remark though. My thinking is that by doing so, they are putting out the first message, and it isn’t a welcoming one.
Jim22 – having lived in Arizona as long as I have, we see a lot of Mexican flags flying. You just get used to it. Usually it is dual flags unless it is a Mexican restaurant of which we have a gazillion.
AP, Do you feel the same for people who do this?
http://www.wptz.com/news/vermont-new-york/burlington/group-claims-responsibility-for-protest-at-home-of-vermont-gas-president/27813316
Should the cops release their names and let their employers know that they should be terminated?
Jim, refusing to associate with them would be your loss, and probably their gain. You’d be missing an opportunity to learn first hand about another culture, one that is gaining in this country.
Jim, From the story, I believe they fly both, the Mexican and the US flags. If the positioning is wrong, I’m sure they will fix it when they find out. I always found the positioning information to be a bit confusing and not worth the time to sort it out. No problem for me since I don’t fly flags of any kind.
Capps is lacking in tolerance, a serious lacking when trying to sell big ticket items to those she denigrates. Let’s hope she learns something during her employment timeout.
Nick, True enough about the metaphor. It was just a quick thought. So say the players aren’t professional if that makes it better. I don’t consider us at war with Mexico (although they are hurting us in some ways), I do consider them competition. All countries are competition, and this isn’t a bad thing. If you come to our team, come join us, don’t forget your heritage, but respect our customs. I’m irish, I have pride in that, but I fly a U.S, flag, not an Irish one.
Yes, I’m playing a little devils advocate here, but really, flying another country’s flag? What message is that family trying to put out? No one here feels that, that is in your face? Now does the neighbor lady have to go off the handle about it? No, but for me, I would take note of it and not associate with them.
In my view the termination of Ms. Capps was amply justified for two reasons:
1. She entered the property of another without permission and for the purpose of attempting to publicly humiliate the family.
2. She is a very stupid person.
It used to be you got fired if you brought the company into disrepute.. I live in an HOA and we have little flags that people fly on the houses for various events and we have regulations for those. However, my neighbor has a big US flag nailed to his garage and no one dares do anything about it. There are three reasons for that 1) he works as a cop for the Scottsdale PD 2) he is Scottsdale PD liaison with Homeland Security and 3) he is a licensed gun dealer. Actually, he is a great guy and a great neighbor. 🙂
Jim, I think ones view on this is largely shaped by their family background. And, your uniform metaphor is a lot less than perfect. The Yankees and Red Sox compete against each other. And, the player wears the uniform of the team that pays them. They are professionals. If we were @ war w/ Mexico then I would consider flying the flag an affront. I surmise, in your mind, you consider we are @ war w/ Mexico? And, I think that’s where much of this vitriol comes from. I doubt this woman would have reacted the same way to a Norwegian flag.
§7. Position and manner of display
c. No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, OR IN PLACE OF, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.
Caps by me.
Flying another country’s flag is a sign of disrespect in my view. You moved here, now join our club. It would be like a Red Sox player being traded to the Yankees and going on the field with a Red Sox uniform.
Jack, LOL! Judy Garland would be there, along w/ Rock Hudson and Liberace.
If they had been flying a rainbow flag, I wonder if she would have told them to go back over the rainbow where they came from? Anyway…
http://youtu.be/WP14JNr7gqg
I agree w/ JT’s analysis. We have a lotta Norwegians in my neck o’ the woods. They fly their flags, No big deal. This Mexican family sounds like the vast majority of Mexican immigrants. They came here seeking a better life. They love this country but also have pride in their home country. Growing up in a second generation immigrant family, that is how I too grew up. My paternal grandfather LOVED the US, coming here in poverty and building a business, something he never could have done in Italy. However, he also loved his home country. For chrissake that is the way it’s supposed to work! I see Mexican immigrants as identical to Italian immigrants. They are hard working, strong family orientation, religious and entrepreneurial. Haters gotta hate.
Ontario, Ca., Barkin
Ontario is in Canada. So why is the lady yelling that the flag flier knows that this is America? If the lady is an independent contractor then she could not be “fired” because she was not an employee. Her contract got terminated. Perhaps there was not written contract. People wear Canadian flags on their ball caps and I do not complain. People wear Canadian flag symbols on their backpacks and hike up our mountain trails and I do not complain. When someone wears the American flag on their forehead then I boycott their business. This lady got what she deserved. I would like for itchinBayDog to chime in because she has an opinion on this.
The economics of bigotry.
The Banuelos’ have every right to do what they like on their property, Capps acted like a statist busybody. Apparently it’s difficult for Capps to not associate with them. Im honestly surprised that the bitch didnt try to call the cops on Banuelos to get them to remove the flag. However based on the info (unless I missed it) it seems that Capps was smart enough to stay off Banuelos’ property.
As for the employer firing her thats their right to regulate their property. My previous job had a clause that if you got arrested you were automatically fired no ifs ands or buts. As you pointed out Turley, the business has to act in their interests and if they dont want some Pat Buchanan wannabe working for them then so be it. Thats the free market in action.