# Israel Folau, freedom of speech, and employer rights.

**URL:** <https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954>\
**Category:** Great Debates\
**Created:** [June 24, 2019, 8:35am UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954 "2019-06-24T08:35:27Z")\
**Posts on this page:** 6\
**Page:** 6

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [June 28, 2019, 3:06pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/101 "2019-06-28T15:06:27Z")

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> [@nelamm](#):
>
> So let’s have two theoretical and one non-theoretical cases for all those professing the “tolerant” position here:
> 
> -Barring any laws, the rugby league tells any gay players they should keep their mouths shut about their orientation (might hurt business in a field like that) or they risk being fired. Their right?
> 
> -The NFL tells its players that if they don’t stand for the national anthem, they risk being fired. (Again, might hurt business in a field like that.) Their right?
> 
> -Hollywood in the 1950’s refuses to hire known Communists or Communist sympathizers. Might hurt business, and in any event they don’t approve. Their right?

Yes, it’s the employers right. None of those are protected classes.

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 28, 2019, 3:16pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/102 "2019-06-28T15:16:11Z")

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> [@nelamm](#):
>
> So let’s have two theoretical and one non-theoretical cases for all those professing the “tolerant” position here:
> 
> -Barring any laws, the rugby league tells any gay players they should keep their mouths shut about their orientation (might hurt business in a field like that) or they risk being fired. Their right?

Barring any laws? As long as it’s legal to discriminate against people for sexual orientation then it would be their right

> [@](#):
>
> -The NFL tells its players that if they don’t stand for the national anthem, they risk being fired. (Again, might hurt business in a field like that.) Their right?

Do you want to bar rules again? Because the reason the league did the “stay in the locker room” option is because some states have laws about employers controlling the political expression of employees.

> [@](#):
>
> -Hollywood in the 1950’s refuses to hire known Communists or Communist sympathizers. Might hurt business, and in any event they don’t approve. Their right?

Not sure if the rules I mentioned above would allow that or if those rules were in place in the 50s.

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**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\
**Post date:** [June 29, 2019, 1:44pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/103 "2019-06-29T13:44:50Z")

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> [@nelamm](#):
>
> So let’s have two theoretical and one non-theoretical cases for all those professing the “tolerant” position here:
> 
> -Barring any laws, the rugby league tells any gay players they should keep their mouths shut about their orientation (might hurt business in a field like that) or they risk being fired. Their right?
> 
> -The NFL tells its players that if they don’t stand for the national anthem, they risk being fired. (Again, might hurt business in a field like that.) Their right?
> 
> -Hollywood in the 1950’s refuses to hire known Communists or Communist sympathizers. Might hurt business, and in any event they don’t approve. Their right?

Wrong but legal and I’m leaning toward keep it legal. We as customers can of course complain, boycott, etc.

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<div class="post-metadata">

**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\
**Post date:** [June 29, 2019, 1:53pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/104 "2019-06-29T13:53:20Z")

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But more importantly, what do you think, **nelamm**?

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**Author:** ![Zeke\_N.Destroi](https://avatars.discourse-cdn.com/v4/letter/z/4af34b/32.png) [@Zeke\_N.Destroi](https://boards.straightdope.com/u/Zeke_N.Destroi)\
**Post date:** [June 29, 2019, 8:32pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/105 "2019-06-29T20:32:52Z")

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> [@DemonTree](#):
>
> So insulting another person in the street is a crime in Australia? How about internet forums? Are Australians posting in the Pit risking arrest? Seems like a big infringement on free speech.

The way I read the statute given ( I am not a lawyer and have not read beyond that statute) -

Let’s say that “tuy” is a racial insult against blue people.

If you are on the street, pass a blue person, and say, audibly, “Fucking tuy.” That would be against the law because the action was caused by the race of the victim.

If you are on the street and a blue person bumps you and you spill coffee on yourself and say, “Fucking tuy” that would not be hate speech because your insulting him was caused by the bump and spill, not the race.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [July 7, 2019, 12:23pm UTC](https://boards.straightdope.com/t/israel-folau-freedom-of-speech-and-employer-rights/835954/106 "2019-07-07T12:23:33Z")

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Having special rules for gay players could get into antidiscrimination issues. If they, say, made it where they can’t mention their same sex partner, but straight people could mention theirs, that would be discrimination. Heterosexual players publicly show their heterosexuality all the time, so it would be hard to make rules that actually limit people from showing they are gay that wouldn’t be discriminaton.

Discrimination is not an issue here, as they are consistent in telling people of all religions not to say these controversial things.

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