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NJ Public Employee Fired for Burning Koran

Posted by Frank Steinberg | Sep 15, 2010 | 0 Comments

Derek Fenton, an employee of NJ Transit, has been fired for his protest burning of the Koran in front of the site of the proposed "Ground Zero mosque."  Here's the story from the New York Daily News.  

NJ Transit says that Fenton violated its code of ethics.  Others, including the New York Civil Liberties Union, say he was exercising a constitutionally protected right to free speech.

Leaving aside the broader question whether Fenton's act was a worthy one, for me the analogy to the flag burning cases is hard to ignore.  On the other hand, in a time of war, does the government have the inherent right to impose sanctions that could affect, even if only remotely, the conduct of that war or foreign policy? 

What do you think?

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...

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