Sunday, August 13, 2017
Volokh goes on to note the real problem this case highlights and it goes well beyond the peril faced by the worker wearing the cap. Employers, both federal and private, have to make decisions based on these types of complaints. Will they continue to squelch any and all first amendment rights in the workplace (which are admittedly limited to begin with under law) every time someone feigns offense at anything at all? Perhaps workers can be required to all wear bland, tan uniforms with UPC bar codes on the sleeves. That may be their only choice if they want to avoid lawsuits and damage to their operations.
I prefer the relaxed snake of the Navy Jack, but I'll defend to the death, or at least to some inconvenience, your right to wear the tense, coiled-up rattlesnake of the Gadsen Flag.