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08-13-2008, 12:56 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 2
| | | Cell Phone Use
What is the name of your state (only U.S. law)? Florida Is it a violation of my 1rst amendment right if my city tells me that I am not allowed to have a cell phone while on duty.I work for 24hrs on and 48hrs off. The rule is only in effect for line personell not anyone else in the city?What is the name of your state (only U.S. law)? |
08-13-2008, 01:22 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 4,188
| | Quote:
Originally Posted by ruiterdon  What is the name of your state (only U.S. law)? Florida Is it a violation of my 1rst amendment right if my city tells me that I am not allowed to have a cell phone while on duty. | No. Restricting your telephone priveledges while on duty, at work, is not a first ammendment violation. Quote: |
I work for 24hrs on and 48hrs off. The rule is only in effect for line personell not anyone else in the city?What is the name of your state (only U.S. law)?
| Your hours does not change this. |
08-13-2008, 02:06 PM
| | Senior Member | | Join Date: Mar 2005 Location: Texas
Posts: 1,919
| | | You are kidding right? Do you even know what the 1st amendment says? Let me helkp you out.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. "
So do you see anywhere in that statment that says your employer and I don't care that your employer is the city, they aren't acting as the government, they are acting as your employer.
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08-13-2008, 02:43 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,751
| | | If you do not like your employer's policy, you may take action through the union (if you have one) or through the the proper channels to amend the personnel rules to allow you a cell phone during your work shifts. You also have the option to seek a new employer.
There may indeed be a good reason for them to prohibit cell phones. But, even if it is a bad one, they likely still have the right (absent some union contract or personnel rule to the contrary) to prohibit them.
- Carl
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A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
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08-13-2008, 03:24 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 2
| | | Just a thought
Prohibiting you to have a cell phone period is a way of banning you from a delivery of speech,not to be interfered with by goverment. Employers have the right to ban you from having a cell phone in your posession? |
08-13-2008, 03:27 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,211
| | | Prohibiting you to have a cell phone period is a way of banning you from a delivery of speech,not to be interfered with by goverment.
Are you employed by the government?
Q: Employers have the right to ban you from having a cell phone in your posession?
A: Yes.
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08-13-2008, 04:50 PM
| | Member | | Join Date: Jun 2008
Posts: 241
| | | Man your lucky. My job requires I have mine 24/7. It's an evil thing. Devils work! |
08-13-2008, 08:59 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,751
| | Quote:
Originally Posted by ruiterdon Prohibiting you to have a cell phone period is a way of banning you from a delivery of speech,not to be interfered with by goverment. Employers have the right to ban you from having a cell phone in your posession? | Employers have every right to restrict your speech both in manner and content while on the job. ESPECIALLY if you work in a government position. Just imagine if I - in my police uniform - decided it was a good time to start preaching the word of Christ! Hoo boy, could my city get into a wringer! Do you really think I would get away with a First Amendment argument? (That sort of thing HAS been litigated, and the employer/city wins.)
Likewise, I do not have a right to conduct private conversation while I am on my employer's clock.
You do not have a First Amendment right to a cell phone, and your employer can make reasonable restrictions on what you bring to the work place with you and what you use there.
Now, if they let other employees use one and just deny you the use of your cell phone, they might be on precarious grounds. But, again, it would be a question of how much you want to spend on attorneys for the right to carry a cell phone during that time frame.
Listen, if you feel you really need the electronic umbilical cord for those 24 hours, by all means, challenge or modify the policy. If that fails, and it is still important to you, find another position. Remember, people got by just fine without cell phones ... in fact, they only appeared en masse about a dozen years ago! The world revolved, people passed messages, and life went on just fine without them. Heck! Consider it a good excuse to ignore your friends for a while! 
- Carl
__________________
A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
08-13-2008, 08:59 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,751
| | Quote:
Originally Posted by Tallrat Man your lucky. My job requires I have mine 24/7. It's an evil thing. Devils work! | I carry TWO (one is required 24/7) ... AND a radio!
Ugh!  Talk about a leash!
- Carl
__________________
A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
08-13-2008, 09:12 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,139
| | | yeah i have a blackberry/phone paid for by company. its nice and evil at the same time! and when the UK starts emailing at 3 in the morning, thats always fun! |
08-20-2008, 02:08 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | My husband's staff bought him a blackberry for Christmas because evidently being available to them 14 hours a day 7 days a week wasn't enough. Now he doesn't even get to hide from them in the bathroom!
That being said, the first amendment does not grant you 24/7 use of a cell phone. It is not a violation of your first amendment rights or any other rights if your employer refuses to allow you to make personal calls on his time. |
09-22-2008, 11:35 AM
| | Senior Member | | Join Date: Sep 2008
Posts: 1,672
| | | Remember when we all thought it was cool to have a cell phone... now we would drown it if it wouldn't leave us so alone... | |
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