A Note on the term Homoousios by Timothy Barnes

By Timothy Barnes

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74 Here, like in Connecticut, we have sweeping language that on its face appears to pull the First Amendment into the private-sector workplace wholesale. Once again, though, the courts are reticent. The South Carolina Supreme Court has made it clear that the law does create a publicpolicy exception to employment at will for some political speech. 75 A more difficult scenario presented itself in the high-profile case of Matthew Dixon, a mechanic at Coburg Dairy in Charleston, South Carolina. In 2000, at a time when South Carolinians were considering whether to remove the Confederate battle flag from their state capitol dome, Dixon (an active member of the Sons of Confederate Veterans) put two Confederate flag stickers on his personal tool box that he used at work.

Well . . no. 71 One approach is to see the law as extending to workers in the private sector the employee speech rights available to public-sector workers (rights described at length Chapter 4). This means protecting speech only when it’s on a matter of “public concern” and only if it is not excessively disruptive to workplace efficiency, authority, or harmony. The other approach begins with recognition that the First Amendment rarely protects unwanted speech on private property and so concludes that this law protects no speech on the employer’s premises.

Because of political opinions or the exercise of political rights and privileges guaranteed . . ”74 Here, like in Connecticut, we have sweeping language that on its face appears to pull the First Amendment into the private-sector workplace wholesale. Once again, though, the courts are reticent. The South Carolina Supreme Court has made it clear that the law does create a publicpolicy exception to employment at will for some political speech. 75 A more difficult scenario presented itself in the high-profile case of Matthew Dixon, a mechanic at Coburg Dairy in Charleston, South Carolina.

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