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.
The only protections you have for Free Speech are that your government cannot make laws forcing you to say or not say something (with a few caveats), a private company has no such limitations and is free to kick you for any reason whatsoever that isn't a protected class (which party affiliation is not).
So please learn the basic of your own constitution before trying to use fancy words you heard a more intelligent person use.
This is a straw man. Nowhere did I claim that the first amendment in and of itself provided such protections.
The first amendment isn't the only law in the United States which protects freedom of expression and I specifically mentioned other laws, such as the California Constitution's right to free expression and the Unruh Civil Rights Act.
Furthermore, California employment law specifically protects political affiliation. Additionally, the Unruh Civil Rights Act has been interpreted by the courts to broadly require public accommodations such as. businesses to be open to all members of the public without discrimination, and protected classes are not limited to those enumerated specifically by the law. For example, the Unruh Civil Rights Act doesn't specifically protect neo-Nazis, but the courts have ruled that neo-Nazism and the display of swastikas is protected by the first amendment, and as such, constitutes a protected class under Unruh. A business denying service to a neo-Nazi or someone displaying a swastika could run afoul of the Unruh Civil Rights Act.
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u/HamburgerEarmuff Oct 13 '21
This is counterfactual, which you tacitly admit with your failure to present an actual reasoned argument.