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freedom of speech violated?
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Strange Famous Forum > Social stuff. Political stuff. KNOWMORE

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stillred



Joined: 13 Jan 2003
Posts: 526
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Each jurisdiction has varying laws, the common law is amorphous...As correctly stated above, this is likely an invasion of privacy. In California, for example, they have bunches of jurisprudence. In other states, next to none. Of course, the distinction being, if someone is in public, there is an implied consent to pictures. If they're on private property, not so. Assuming she was at work, prima facie she seems to have a case (again, assuming ya'll have an invasion of privacy statute). Best thing you can do is write an apology (make a copy for yourself), and take down those pictures as soon as possible. It would mitigate damages if, in fact, you were found guilty. In the end, the reality is that there is no way this chick would bring an action. legal fees are expensive, and hardly any case is a slam dunk. Presumably you didn't cause her any damage (ie lost wages, lost opportunities etc.). If that's her bare ass........Too much space for this, peace
Post Fri Mar 19, 2004 6:26 pm
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stillred



Joined: 13 Jan 2003
Posts: 526
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PS: All law is about is competing rights. For instance, cases involving defamation include the competing rights of free speech and the right of a person to their reputation....Similar to privacy rights....
Post Fri Mar 19, 2004 6:33 pm
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Jesse



Joined: 02 Jul 2002
Posts: 6166
Location: privileged homeless
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Billy Gnosis wrote:
Actually, Jesse, unless that type of behaviour is outlined in the code of conduct at his place of employment, they *couldn't* fire him. I don't know if it is, but even if it were he could make a freespeach issue out of it.

Most employers would've been like "Get that camera out of here." If no one told him not to take pictures, you must assume he didn't violate any kind of code of conduct.


They told him to take them down. You can definitely fire someone for having an attitude you consider shitty.

You are not guaranteed free speech by your job. You are guaranteed free speech by your government, and only as far as they can throw you.
Post Fri Mar 19, 2004 8:41 pm
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notguilty



Joined: 24 Apr 2003
Posts: 56
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well i apologized to the girl whose ass i had infringed upon (it wasn't her bare ass btw she was bent over scooping ice) basically admitting i had stepped over the invisible line there is between play and hurt...she accepted...all good? hopefully...later on my boss pulled me aside with printouts of my website to talk about free speech...he told me i didn't have any as far as his business was concerned and to take his name off of my site completely...as far as things go now i'm going to comply...in my world right now this has gotten blown way out of proportion already and i'm concentrating on damage control i.e. not offending anymore people in my quest for content...however it would be very nice to know the law in this matter...

ps...thanx for all the feedback
Post Sat Mar 20, 2004 4:46 am
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Jesse



Joined: 02 Jul 2002
Posts: 6166
Location: privileged homeless
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here's an article that gets into it. Although it's on a site that specifically deals with a particular occupation, the analysis is universal.

http://www.findarticles.com/cf_dls/m3230/5_35/102205908/p1/article.jhtml
Post Sat Mar 20, 2004 5:58 am
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notguilty



Joined: 24 Apr 2003
Posts: 56
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thanx for posting that...altho technically i could argue that this is outside the workplace on a private web server
Post Sat Mar 20, 2004 2:18 pm
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Jesse



Joined: 02 Jul 2002
Posts: 6166
Location: privileged homeless
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your activity took place outside of the workplace, but it directly related to the workplace. basically, if you'd been fired you could have sued for wrongful dismissal, but you wouldn't neccessarily win because it's debatable how wrongful it would have been.
Post Sun Mar 21, 2004 10:25 am
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