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
“In the first place, We should insist that if the immigrant Who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet an American, and nothing but an American…There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag… We have room for but one language here, and that is the English language… And we have room for but one sole loyalty and that is a loyalty to the American people.”
Words of: Theodore Roosevelt
http:Hwoody.typepad.comf
@NickS
Prepare for the chest thumping to get exponentially worse if Darren Wilson isn’t indicted and/or convicted. I am thinking about investing in Rope and Pitchfork futures, because the new mob is going to put Trayvon’s mob to shame.
Squeeky Fromm
Girl Reporter
Please take note @ who turned this thread to Trayvon @ 1:50pm. There is an ongoing thread about Trayvon. So, why would someone feel compelled to start another?? Let’s see if anyone can come up w/ the answer.
@swm
You said, “We could never be a “blood thirsty lynch mob’ because we are strongly and firmly against the death penalty and for gun restrictions.”
Well, that is where you really messed up. First, a lynch mob doesn’t need a gun. Just a rope, a tree or lamp post, and maybe a pitchfork or two. Torches are necessary if you try to lynch someone at night. But, since you guys are trying to lynch Zimmerman right out in the open light of day, you can probably skip the torches, unless you just want them for dramatic effect.
I realize that you do not wish to think of yourself as being a member of a blood-thirsty lynch mob, but the way I see it, that is exactly the position in which you find yourself. There is nothing in the way of objective facts which indicate that Zimmerman was doing anything except defending himself from an unwarranted physical attack.
Nonetheless, you and others clamored for him to be prosecuted because of his race and the race of the dead thug. He was forced to endure jail, and character assassination, and then go through the trauma of a trial. He was found not guilty, and that still wasn’t enough for you guys. You smelt blood, and so you are still pursuing him, and you will not rest until he is hanging from a lamp post, or in jail. Even though there is a complete absence of any indication of guilt.
Sorry, but that looks like the actions of a bloodthirsty, howling lynch mob. If that characterization bothers you, which I am sure it does, then maybe you owe it to yourself to try to understand why me and others see you and the whole Trayvon group just that way. Because I am not just saying it to be mean to you.
Squeeky Fromm
Girl reporter
rcocean, Welcome again. There’s a parallel universe here. Thankfully it only exists in the abstract. Zimmerman was acquitted, and nothing the enablers here say or do will ever change that. The DOJ did a dog and pony show to entertain the enablers. That’s now over as well. They’ll move on to Ferguson and try and convict a cop. I don’t know the facts on the Ferguson shooting. But the hand wringers got all the facts they need. They are ready to skip the grand jury, the possible trial, and go right to the sentencing phase. Thank God they have no authority, because they lack the temperament or intelligence to make serious decisions.
No one wants to lynch Zimmerman here. Unfortunately Ms.Karma may step in a do it eventually.
I was not speaking of the American Council of Social justice. I was speaking of the social justice movement that i grew up with. We could never be a “blood thirsty lynch mob’ because we are strongly and firmly against the death penalty and for gun restrictions.
SWM – this social justice group that you grew up with, did it have an official name or did you just meet at the soda shop?
@swm
You are just inventing characteristics of social justice to satisfy your own personal prejudices. I know, because I have checked with the American Council of Social Justice and they say that the group has taken no stand on Stand Your Ground laws. They do, however, tell me that they have a real animus against howling, bloodthirsty lynch mobs. They also expressed to me their unofficial position that if someone attacks you and is beating your head against a sidewalk, that one should not be required to seek a financial statement and personal history from the attacker before acting to protect oneself.
Squeeky Fromm
Girl Reporter
@ Professor Turley
It is like herding cats….isn’t it? 🙂
http://www.bing.com/videos/search?q=herding+cats&FORM=HDRSC3#view=detail&mid=BD960549657A057640E7BD960549657A057640E7
http://www.desmoinesregister.com/story/news/politics/2014/09/17/biden-nuns-bus-voter-turnout-tour-des-moines/15758671/ And the nuns are out again this year, Elaine.
So the whole Trayon martin vs. Jorge Zimmerman thing was about “social Justice”? I thought it was about justifiable self-defense or 2nd degree homicide. Of course, Jorge Zimmerman was a “white-Hispanic” as opposed to a “Hispanic-Hispanic” so I guess race enters the picture. I’m just glad Trayvon wasn’t a “White-African-American” because that would have really confused the whole race issue.
Squeeky, Those that believe in social justice are firmly against stand your ground laws and the death penalty. You just don’t get it.
Paul,
Tell that to the Nuns on the Bus.
The Nuns on the Bus tour promotes social justice — and turns a deaf ear to the Vatican
http://www.washingtonpost.com/local/the-nuns-on-the-bus-tour-promotes-social-justice–and-turns-a-deaf-ear-to-the-vatican/2012/06/27/gJQAA4yj7V_story.html
Elaine – If the Nuns on the Bus Tour keeps it up they will just be a bunch of women on a bus who are going nowhere. 😉
“define social justice.”
What social workers commit to as a professional objective.
@swm
“Social Justice” does not require that one obsess about a dead mugger, all while ignoring the actual facts of the case, and the fact that the alleged Bogeyman was not convicted by the jury. Neither does “Social Justice” require that one engage in frivolous prosecutions, and engage in mob behavior of the worst sort, all so that one can pander to their own warped fantasies about being a modern day Freedom Rider.
“Social Justice” does not require that I pretend the mugger’s fists did not strike the Bogeyman and that concrete sidewalk did not slam into the Bogeyman’s head via the actions of the thug.
Squeeky Fromm
Girl Reporter
This is a test of your information system. Without looking it up and looking at your neighbor’s answers, define social justice.
I think flying a foreign flag is OK if you also fly the American flag too. I think it would quite obnoxious and insulting if I was to move to Mexico and fly the US flag in front yard without flying a Mexican flag too. In fact, I’d probably be in trouble for flying an American flag period in Mexico. And a lot of other countries too. Of course, Context is everything.
Funny how people seem to think calling someone a Nazi or a racist isn’t a personal insult.
Nick you have had a comment deleted in violation of the civility rule.
“activist doing her best to keep America safe from people who fly flags of other countries on their own property.”
Well, she might have some confusion at our place with the various flags that we on occasion display.
However, to be serious, I see no disrespect in flying a flag of the country of your origin. Irish. Italians, Brits.. Are very well known for doing so. Germans and Japanese….maybe not so much in the past, because we were declared enemies. Mexico is not our declared enemy…..exactly…as yet.
Everyone should be proud of their heritage and cultural traditions….the ones that don’t conflict with established law, if I might make that exception. Ritual murder is not allowed no matter what your cultural mores say.
As an employee of several financial institutions in my life, we were made very aware of the conduct that was allowed. No campaigning or electioneering on the job. Keep your political and religious affiliations to yourself. No political buttons. No religious shrines at your desk. Deal with the customers. Deal with the job….only. What you do on your own time is not the financial institution’s problem…UNLESS it reflects badly on the company and might even cause a legal problem for the company. We had moral clauses that we had to sign in our contract. I would assume the same for this lady?
Social Justice must be a foreign concept, indecipherable to certain folks, so they try to come up with creative alternative theories why anyone would care about unarmed black teens being stalked and shot by vigilanties with a cop wannabe fixation.
Annie – social justice is an artificial construct to help progressives achieve their goals. And you are right, it is a foreign concept because it is so amorphous as to be undefinable.
Elaine, No… I learned about peace and social justice from the catholic church and particularly from the nuns. The idea is certainly lost on these folks.
SWM – I learned justice from the nuns, it was swift and sure but it sure as hell was not social.