On the Road, Out the Door: Private speech can have public consequences

Juli Briskman was cycling in northern Virginia late last month when President Donald Trump's motorcade passed her on the road.

In response, Briskman raised her arm and delivered a gesture know to some as the "middle-finger salute."

Someone caught her on camera, and the photo made the rounds on social media.

Now, in most cases such in incident would have had a brief shelf life. But Briskman works for Akima, a major government contractor in a variety of fields including construction, software, communications and human resources.

Or she used to work for Akima, we should say.

Briskman informed her bosses that she was the cyclist in the photo, and they fired her the same day.

Now, of course, many have jumped to Briskman's defense, saying she was on her own time and that the company violated her right to free speech.

They point out that other employees have been caught making offensive comments on social media directed at groups like Black Lives Matter, but were allowed to stay on.

Maybe if Briskman had directed her finger at an individual or group without connections to Akima's main source of income, she would still be riding her desk instead of pedaling to the unemployment line. But she didn't. She flipped off the President of the United States, the head of the government that keeps Akima in black ink.

It's a new world out there, but some refuse to understand. The First Amendment protects all of us from government censorship. It does not mean there will be no consequences from private individuals or businesses, and with smartphones and social media, the chances your private speech will remain private aren't all that great.

Briskman has contacted the American Civil Liberties Union, so there is a good chance this will end up in court or that Akima will make a settlement offer to head that off. 

Frankly, we would prefer to see this play out in court. In our view, there should be some clear guidelines on how conduct off the clock should affect one's employment.

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