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Free Speech vs. Discrimination

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dbaylerg

Junior Member
What is the name of your state (only U.S. law)? California

I have debated this question to no end with someone and need support one way or the other to resolve it. Here is the hypothetical question.

If I am an employee of a newspaper, and the newspaper chooses to publish a cartoon which offends me because of my religious beliefs, can I file a discrimination suit against the newspaper?

The question is related to the Danish Cartoon crisis of 2005 to 2006. If I were a Muslim working for a US paper and that paper chose to publish those controversial cartoons could I bring a discrimination case against the paper based upon my religious beliefs.

I appreciate your comments and insights.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I have debated this question to no end with someone and need support one way or the other to resolve it. Here is the hypothetical question.

If I am an employee of a newspaper, and the newspaper chooses to publish a cartoon which offends me because of my religious beliefs, can I file a discrimination suit against the newspaper?

The question is related to the Danish Cartoon crisis of 2005 to 2006. If I were a Muslim working for a US paper and that paper chose to publish those controversial cartoons could I bring a discrimination case against the paper based upon my religious beliefs.

I appreciate your comments and insights.
We don't do hypotheticals here.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California

I have debated this question to no end with someone and need support one way or the other to resolve it. Here is the hypothetical question.

If I am an employee of a newspaper, and the newspaper chooses to publish a cartoon which offends me because of my religious beliefs, can I file a discrimination suit against the newspaper?

The question is related to the Danish Cartoon crisis of 2005 to 2006. If I were a Muslim working for a US paper and that paper chose to publish those controversial cartoons could I bring a discrimination case against the paper based upon my religious beliefs.

I appreciate your comments and insights.
And no, you couldn't win a discrimination case based upon that.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? California

I have debated this question to no end with someone and need support one way or the other to resolve it. Here is the hypothetical question.

If I am an employee of a newspaper, and the newspaper chooses to publish a cartoon which offends me because of my religious beliefs, can I file a discrimination suit against the newspaper?

The question is related to the Danish Cartoon crisis of 2005 to 2006. If I were a Muslim working for a US paper and that paper chose to publish those controversial cartoons could I bring a discrimination case against the paper based upon my religious beliefs.

I appreciate your comments and insights.
Whether a newspaper will publish a political cartoon that might be found offensive to a particular segment of the population is an ethical decision made by the editors of the paper.

The newspaper industry does not have a common ethical code, but all decisions made by a newspaper, on what to publish and what not to publish, will be guided by a set of principles. These principles are often set out in each newspaper's own code of ethics for its employees/journalists.

While the publication of a political cartoon in your newspaper could not give rise to a successful discrimination complaint, if the same offensive cartoon were to be posted in your workplace - perhaps in a common area like the lunchroom or by an employee at his workstation - this could lead to a legitimate complaint.

What you would need to do in that case is report to your human relations department the posting of the cartoon that you find objectionable. HR then has the opportunity to address the problem. If the problem is not addressed, or addressed to your satisfaction, that can open your employer up to a discrimination action.

As a note on the Danish cartoon: Several newspapers throughout the world stated that they probably would have chosen not to publish the cartoon however all said that they supported the right of the French paper to publish it.
 

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