Virginians Have a Right to Free Speech, Not a Right to a Job

Can an employer in Virginia fire an employee for his loathsome political views?

Such a thing is happening in Patrick County, where emergency management technician Alex McNabb is being fired for making derogatory comments and using racial slurs on a neo-Nazi podcast. There is no evidence that McNabb has discriminated against anyone while providing emergency care, but his online persona often tells stories about being an EMT interacting with African-Americans.

The board of directors of the JEB Stuart Rescue Squad voted unanimously Sunday to terminate McNabb’s employment, reports the Martinsville Bulletin.

Legally, the case should be cut-and-dried. Virginia is an employment-at-will state, and employers have the right to fire anyone for any reason (save on the basis of race, ethnicity, religion, or sexual orientation). McNabb has a constitutional right to freedom of speech. In other words, government cannot use its powers of coercion to silence him. But he doesn’t have a constitutional right to be protected from the consequences of his speech. Employers have a right to disassociate themselves from people whose views they find abhorrent.  Suck it up, dude.

Now, let’s make sure we apply the employment-at-will principal consistently, not just when the offender is a neo-Nazi.