Ozzie Guillen, the First Amendment in the Workplace, and Bromance

The Florida Marlins’ suspension of its manager Ozzie Guillen for his ‘pro-Castro’ remarks provides yet another teachable moment about the First Amendment and its relationship to the workplace. (Guillen has been suspended for five games.)  Guillen’s original remarks read:

 I love Fidel Castro. I respect Fidel Castro. You know why? A lot of people have wanted to kill Fidel Castro for the last 60 years, but that [expletive] is still here.

(As always with deleted expletives, I’m curious: What did he say? Anything worth reusing?)

After a storm of outrage from Miami’s Cuban community, the most ardent ‘anti-communists’ in the US (* see note below), and a quick suspension later, another familiar storm of outrage: How could this be possible in the US? Don’t we have free speech? What about the First Amendment, eh? Land of the free, Schmand of the Free!

In response to which: The Florida Marlins are private actors; they can abridge speech in their workplace as a condition of employment; and Guillen, if he doesn’t like it, is free to move to another employer more tolerant of his professed opinions. Employees have very few constitutional protections in the workplace; it is where we go to cease being citizens and start being minions. This confusion occurs most commonly with regards to the First and Fourth Amendments (“You mean my employer can search my stuff without a warrant?” Yes, they can). For some reason, most folks don’t think of Fifth Amendment protections in the workplace. Has anyone ever complained that he was forced to ‘testify’ to his boss? Has anyone ever tried taking the Fifth in a work meeting? Abandon all Constitutional Rights Ye Who Enter Here, indeed.

Of interest to me, too, was Guillen’s ‘defense,’ offered, in his own words, on his knees (can you back-pedal on your knees?):

This is the biggest mistake of my life…I’m on my knees. When you make a mistake this big, you can’t sleep. If I don’t learn from this I will call myself dumb. Today is the last day that this person talks about politics. Everyone in the world hates Fidel Castro, myself included, and I hate him for all the damage and all the hurt. I was surprised he’s still in power – that’s what I was trying to say.

I find Guillen’s clarification of his remarks quite convincing. This is because Guillen like many men, likes to express his maverick, contrarian self, his individuality, as it were, by expressing a kind of grudging admiration for other men found ‘too hard’ by the soft, weak, masses: ‘You all say he is an asshole, and I agree, but let me tell you, he’s one tough asshole, you gotta give him that! Don’t get me wrong; I don’t like the guy. But you gotta admit, he’s a tough dude.’ Or something like that.

Note: Two anecdotes: First, many years ago, a Cuban friend of mine bought a Yugo (don’t ask). His mother refused to ride with him in the car; not because she thought it was unsafe, but because it was manufactured in a communist country. Second, another Cuban friend of mine threw out her Billy Joel records–a good move in general, I’d say–after he toured the USSR. If it isn’t obvious, these stories date back to the 1980s, when anti-communist sentiment among Miami Cubans was–if it can be imagined–even more visceral than it is today.

3 comments on “Ozzie Guillen, the First Amendment in the Workplace, and Bromance

  1. […] about.  It is where you go to be subjected to naked exertions of power; in the American context, the workplace is where you check the Constitution at the door. If I had a dollar for every time I have had to remind my students in my Philosophy of Law or […]

  2. […] the US Constitution does not exist; the employer can crack down on the employee’s privacy, his freedom of speech; the list goes on. If workers do not present a united front, they have little chance of ensuring […]

  3. […] not for nothing is the tenured radical’s freedom so often lampooned by his critics.) The paucity of First Amendment restrictions on private employers is well-known; permitting their expansion, just because the technical means enable it, is to concede defeat all […]

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