Really? So, a corporation has the right to ban free and honest speech, and punish the speaker? I understand when speech is disruptive to business, but in this case, Kinsler's remarks actually were meant to help the league maintain its integrity. If the league now chooses to fine or suspend Kinsler, he would be within his rights to sue the league.
In court, the league would then be asked how they were injured by Kinsler's comments, which explicitly were meant to be helpful. If the league then further punishes Kinsler, they would be opening themselves up to a much larger, more expensive lawsuit. And Kinsler would win...on First Amendment grounds. The reason that works is in the way the amendment was worded, "Congress shall make no law..." That includes laws that otherwise allow corporations to enforce their own internal rules.
I'm no lawyer, but that's my impression of how the First Amendment works. It's supposed to protect free speech unless you use it for truly destructive purposes, like shouting "Fire" in a crowded theater, when there is no fire. Pointing out an obviously bad umpire is hardly a destructive observation. The league should thank Kinsler and investigate Hernandez for other incidents of abuse. If I'm wrong, somebody please correct ignorant old me.
Well sorry you're wrong. That's not what the 1st amendment does.
When it comes to private employers, this has been firmly settled.
Government workers are more complicated, obviously, but that's not applicable here.
That's not to say Kinsler couldn't sue. But, if he did it would be on grounds of breach of contract, not first amendment.
People get fired for saying stupid stuff everyday. In all fields, from fast food workers to lawyers. Every single day.
A bunch of people in MN just got fired today for going to nazi rallies in their spare time, including 2 from Uptown Grill. Every news source says the firings are 100% legal.
Every day all around the country people lose their jobs for posting stupid crap on their personal social media accounts.
A few days ago out it was a cop who shared a Facebook meme about catching your daughter dating a black guy.