Rhodes says AAR is in breach of her contract

[fandango]

IMHO, AAR's trampling of a constitutional guarantee represents the undoing of a lot of the good they've been trying to accomplish.

What "constitutional guarantee?" The First Amendment prohibits the government from limiting your speech -- it says nothing about businesses such as Air America.

Seems to me the suspension of Rhodes was strictly a business decision -- the liberal blogs and message boards are full of comments from outraged Clinton supporters who say they've stopped listening to Rhodes and/or Air America because of Rhodes' attacks on Clinton, both on and off the air.

Freedom of Speech cuts in lots of directions. As a person who claims experience as a journalist, you should certainly know that. Your claim that the First Amendment only applies against government and allows businesses to do whatever they want to their employees, is incorrect. This surprises me. It is a commonly held belief among Conservatives (and some HR departments), but most journalists know better.

Rhodes' contract defines her relationship to Air America; not the employ-at-will assumptions that you and I might make; not your partisan opinion of Randi, AAR or the Broadcasting industry; and not my opinions, either. It is significant that the only substantive comment Rhodes has made so far, is that AAR is in Breach of her Contract. I doubt that either of us knows what is in Randi's contract.

In the meantime, there are dangerous precedents here:

--) That employees lack all privacy from their employers
--) That employees ALWAYS represent their employers 24/7, even
when they are NOT representing their employers.
--) That employers can act after the fact to stifle lawful private behavior
without providing adequate and specific warning, or themselves suffering
demonstrable harm.

I propose that these Legal Precedents are as dangerous to you as they are to me -- or to Randi Rhodes. It would probably be good for this volatile and sometimes capricious industry if we encouraged the media businesses who hire us, to define more realistic and sensible standards and processes for us to conform to that allow us the freedoms of speech, expression, and privacy that we normally expect here in America.


fan

 

[NewsVet]

Freedom of Speech cuts in lots of directions. As a person who claims experience as a journalist, you should certainly know that. Your claim that the First Amendment only applies against government and allows businesses to do whatever they want to their employees, is incorrect. This surprises me. It is a commonly held belief among Conservatives (and some HR departments), but most journalists know better.

Rhodes' contract defines her relationship to Air America; not the employ-at-will assumptions that you and I might make; not your partisan opinion of Randi, AAR or the Broadcasting industry; and not my opinions, either. It is significant that the only substantive comment Rhodes has made so far, is that AAR is in Breach of her Contract. I doubt that either of us knows what is in Randi's contract.

In the meantime, there are dangerous precedents here:

--) That employees lack all privacy from their employers
--) That employees ALWAYS represent their employers 24/7, even
when they are NOT representing their employers.
--) That employers can act after the fact to stifle lawful private behavior
without providing adequate and specific warning, or themselves suffering
demonstrable harm.

From the Cornell Law School web site:

first amendment: an overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.

(
Please provide evidence that the First Amendment applies to private businesses. And I did not say that businesses could "do whatever they want to their employees." That's obviously absurd. But, again, the First Amendment applies to government, not businesses. Air America may well have violated Rhodes' contract; I have no knowledge of what the contract says. But AAR certainly has a good case in arguing that she was appearing as a representative of Air America. The event was advertised that way, including many mentions by Rhodes on her Air America shows and by Air America's San Francisco affiliate, KKGN.

 

[clbuck]

She's gone from Air America, at least according to Green 960 (KKGN, the San Francisco progressive talk affiliate):

http://www.green960.com/cc-common/mainheadlines2.html?feed=213008&article=3493425

No announcement on the AAR site (why am I not surprised?).

Oddly enough, Green960 says she's coming back, starting on Monday. Either she's going to be independently syndicated, or she's doing a local show just for San Francisco.

Despite what your opinion of her comments were, this is a major blow to Air America, which is already hanging on by a thread.

 

[fandango]

She's gone from Air America, at least according to Green 960 (KKGN, the San Francisco progressive talk affiliate):

http://www.green960.com/cc-common/mainheadlines2.html?feed=213008&article=3493425

No announcement on the AAR site (why am I not surprised?).

Oddly enough, Green960 says she's coming back, starting on Monday. Either she's going to be independently syndicated, or she's doing a local show just for San Francisco.

Despite what your opinion of her comments were, this is a major blow to Air America, which is already hanging on by a thread.

Yes. Heard rumors for several days. heard the same bulletin you did. I am very sorry to hear that this has come to pass, even though I thought it was the only way to resolve the issue for Randi. Getting rid of their top-draw show was the single dumbest thing Air America has ever done, and that's saying something.

I hope she has a hell of a good deal with somebody already, and will be back on Monday, just like KKGN says.

fan

 

[RBA]

AAR probably can't afford her salary and using this as an excuse to get rid of her and hire someone who will work for cheap. Stacy Taylor have a shot? He doesn't like Hillary either.

 

[fandango]

Freedom of Speech cuts in lots of directions. As a person who claims experience as a journalist, you should certainly know that. Your claim that the First Amendment only applies against government and allows businesses to do whatever they want to their employees, is incorrect. This surprises me. It is a commonly held belief among Conservatives (and some HR departments), but most journalists know better.

Rhodes' contract defines her relationship to Air America; not the employ-at-will assumptions that you and I might make; not your partisan opinion of Randi, AAR or the Broadcasting industry; and not my opinions, either. It is significant that the only substantive comment Rhodes has made so far, is that AAR is in Breach of her Contract. I doubt that either of us knows what is in Randi's contract.

In the meantime, there are dangerous precedents here:

--) That employees lack all privacy from their employers
--) That employees ALWAYS represent their employers 24/7, even
when they are NOT representing their employers.
--) That employers can act after the fact to stifle lawful private behavior
without providing adequate and specific warning, or themselves suffering
demonstrable harm.

From the Cornell Law School web site:

first amendment: an overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.

(
Please provide evidence that the First Amendment applies to private businesses. And I did not say that businesses could "do whatever they want to their employees." That's obviously absurd. But, again, the First Amendment applies to government, not businesses. Air America may well have violated Rhodes' contract; I have no knowledge of what the contract says. But AAR certainly has a good case in arguing that she was appearing as a representative of Air America. The event was advertised that way, including many mentions by Rhodes on her Air America shows and by Air America's San Francisco affiliate, KKGN.

I'm glad to see I got your attention and you've slowed down a step.

It's informative but ultimately not useful to quote bits and pieces of the law. The Constitution is not the Bible or a good stand-up routine. It does not bear out-of-context quote-wars very well.

You probably already know that the answer you have demanded from me would require me to quote dozens of legal precedents in Constitutional, Corporate and general Business law, not to mention side trips to findings on Labor, Evidence, general Torts and Criminal Law. That discussion isn't what this site is all about.

.... but if you believe what your Conservative friends have told you about the First Amendment not affecting anyone but Government; you've been lied to.

----

Randi Rhodes is now off of Air America. This whole show will now play out in interesting ways. I suspect that you and I will both learn some things, but different things.

----

Randi Rhodes is coming back to KKGN in San Francisco (at least) at 4:00 next Monday.

fan

 

[DToTheJ]

Who do you think AAR will try and bring in to replace Randi on the network?

 

[NewsVet]

.... but if you believe what your Conservative friends have told you about the First Amendment not affecting anyone but Government; you've been lied to.

I'm not a conservative and limit my conversations with conservatives to topics such as sports and the weather.

As the Supreme Court explained in Jackson v. Metropolitan Edison Co., there are three tests under which a private action may be deemed "state action" for purposes of determining whether the conduct is prohibited by the Constitution.

There's no way that Air America's suspension (or firing) of Randi Rhodes could meet any of those tests and therefore be deemed "state action."

 

[NewsVet]

Stacy Taylor have a shot? He doesn't like Hillary either.

Not a good reason to hire any replacement. Rhodes had gone off the deep end and was driving away Hillary supporters when she should have been throwing red meat to her liberal audience by attacking McCain, Bush, and the rest of the GOP.

 

[Nate Wesley]

Who do you think AAR will try and bring in to replace Randi on the network?

I doubt they'll name a permanent replacement right away. Probably some 'best of' shows from Lionel or Thom Hartmann, then a live 'substitute show' helmed by Sam Seder, Peter Werbe (WRIF Detroit host who often fills in for several hosts), Laura Flanders--maybe even a local affilate host like Lee Rayburn (WXXM Milwaukee). They've got a few options.

 

[NewsVet]

[

I doubt they'll name a permanent replacement right away. Probably some 'best of' shows from Lionel or Thom Hartmann, then a live 'substitute show' helmed by Sam Seder, Peter Werbe (WRIF Detroit host who often fills in for several hosts), Laura Flanders--maybe even a local affilate host like Lee Rayburn (WXXM Milwaukee). They've got a few options.

Richard Belzer will fill the slot next week. He's an articulate liberal who often appears on Bill Maher's HBO show and blogs at Huffington Post.

 

[ajhenderson]

Another blogger. Wonderful.

 

[NewsVet]

Another blogger. Wonderful.

Belzer's got radio experience. He did a morning show on WNBC in New York City in the 70s. And his AAR gig is just for a week, at least for now.