Tuesday, July 3, 2018

Trump middle finger lawsuit dismissed

I can't say I'm surprised. The lady who got fired for flipping off President Trump's motorcade reportedly lost her lawsuit. I suppose she still has some appeal options. When she filed suit, I described her claim as a "secondhand First Amendment claim," and called it a "long shot."

She tried to argue that the current political climate led her employer to fire her from fear of retaliation from the government. First, it doesn't sound like she really had anything to back that up (although that's generally not crucial at the pleadings stage). The bigger issue is that the First Amendment simply does not apply to private employers.

UPDATE (7/6/2018): I should have pointed out that the employee also had a claim that she was not paid severance that she was allegedly promised. This claim may proceed.