General Discussion
In reply to the discussion: Help me understand this Gorsuch ruling about Jesus on the 50 yard line. [View all]Sympthsical
(10,735 posts)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.