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Sympthsical

(10,735 posts)
37. One of the areas of the case I found interesting
Tue Jun 28, 2022, 09:49 AM
Jun 2022

Was the case's concern about an overly broad job description.

This is something we wrestle with in a modern society. Where does your job end and your personal rights begin? The coach wasn't doing this during the day in his official capacity as a district employee. He was doing this after the game. Is he still acting under his employment? Does the district have a say over what he does after a game if he's doing it on his own?

Where does the professional role end and the personal right begin?

We deal with this all the time even though we may not always be consciously aware of it. Think about someone who works wherever. Then they say something stupid on Facebook or Twitter and are subsequently fired. At what point is our employment reaching too far, where our lives become our job description. If we can face sanction over speech 24/7, is that where we want to go? That we are all now company brand ambassadors in every aspect of our personal lives?

The reason it's relevant here is because the coach works for the district. Is he always on duty as a government employee? Where does that stop and his personal rights begin? If the game's over and he was going out there by himself, did the district have the right to control that? Yes, it was performative, but was the district's action balancing free exercise vs. a prohibition on establishment? Or did it violate free exercise (actual consequence) for fear of establishment (potential consequence).

I'm not really giving an answer to these issues, because I think I'd have to digest it more (and have more coffee).

But I thought it was an interesting issue the Supreme and lower courts were wrestling with in this one.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Unable to reply for fear of being ejected. lindysalsagal Jun 2022 #1
I don't understand that. It's a question about applying the ruling. Scrivener7 Jun 2022 #2
Unable to reply for fear of being ejected. lindysalsagal Jun 2022 #3
I'm with you and I'm Jewish. mucifer Jun 2022 #11
Ejected from what? A fighter jet that's about to crash? Not sure what you mean. Hope you are ok emulatorloo Jun 2022 #30
Poster has 3 hides. Mosby Jun 2022 #40
Yeah I have been there. Four bad hides, one wacky jury away from a ban . Thanks for the heads up. emulatorloo Jun 2022 #45
A heads up, you could get a hide for a post like this. So probably better just to lay low for emulatorloo Jun 2022 #46
May I respectfully suggest... Mister Ed Jun 2022 #31
You just did reply to the post. Albeit in a cryptic way. Politicub Jun 2022 #38
IANAL, but intrepidity Jun 2022 #4
"on the 50 yard line in the middle of the game." Scrivener7 Jun 2022 #5
As I posted elsewhere intrepidity Jun 2022 #8
Oh, but that's one of those parts of the Bible they don't have to follow. Scrivener7 Jun 2022 #9
This message was self-deleted by its author Mosby Jun 2022 #41
The junta set the precedent that "tradition" overrides separation of church and state. John1956PA Jun 2022 #6
But there was no tradition till this guy started it, right? So is it that anyone can do something Scrivener7 Jun 2022 #7
Thank you, too. The junta used this case as a bulldozer to overrule a 1970s case. John1956PA Jun 2022 #14
That is feckin' terrifying. Scrivener7 Jun 2022 #16
An honest lower would be at a loss applying this case to a similar claim brought to it. John1956PA Jun 2022 #21
So I guess we will be seeing more of these eroding the fundamental basis for our country. Scrivener7 Jun 2022 #23
You are welcome, and thank you for your cordial replies. John1956PA Jun 2022 #25
To you too. Scrivener7 Jun 2022 #29
I would love to see any ruling like this ... Novara Jun 2022 #10
I would love to know this. Lawyers? Anyone know? Scrivener7 Jun 2022 #12
One of the first things I learned in law school is that the 'facts' Tomconroy Jun 2022 #15
So this is not unusual? Interesting. I never knew. But then what does Scrivener7 Jun 2022 #17
There is a 'free exercise clause' as well as a 'non-establishment' Tomconroy Jun 2022 #13
Tell me about this. Are you saying they are justifying his act on the basis of these two? Scrivener7 Jun 2022 #18
This really isn't my issue and I haven't read the opinion, Tomconroy Jun 2022 #19
THANK YOU, ALL! This is a bit clearer to me now. I appreciate all the replies. Scrivener7 Jun 2022 #20
I think I can add some context FBaggins Jun 2022 #22
Bluster, and, it seems from the answers above that this is one part of a whole that will Scrivener7 Jun 2022 #26
I don't know... but I doubt that they need to FBaggins Jun 2022 #28
Thanks, that's helpful. nt sl8 Jun 2022 #27
One of the areas of the case I found interesting Sympthsical Jun 2022 #37
+1, uponit7771 Jun 2022 #44
+1, uponit7771 Jun 2022 #43
When the facts of a case change or are wrong, it can be appealed. Baitball Blogger Jun 2022 #24
That could be intentional FBaggins Jun 2022 #32
Does this coach thinks God cares who wins the football game? Emile Jun 2022 #33
Would such a prayer occur before the game? nt FBaggins Jun 2022 #34
I have a question. Haven't footballers been praying leftyladyfrommo Jun 2022 #35
There is nothing preventing players from praying. When I was a HS Coach, I stood JCMach1 Jun 2022 #39
Trying to picture Jesus in a football helmet, wnylib Jun 2022 #36
I will repeat moniss Jun 2022 #42
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