Constitutional Rights
...August 8, 2005
Introduction
The Elias Group, through research and professional expertise, provides opportunities for businesses (particularly small and disadvantaged businesses) to supply goods and services to U.S. Government entities through the General Services Administration schedules and contracts. The Elias Group is a non-profit organization dedicated to providing information, services and assistance to businesses wishing to contract with the U.S. Government. Two constitutional rights that have an impact on the 31 employees and network of over 100 specialists in this organization are employee privacy and freedom of speech. Due to the erosion of employment at will, employee rights are being expanded by a growing recognition of an employee's right to privacy. Courts have historically distinguished between noncommercial and commercial speech. They have consistently given the highest degree of constitutional protection to noncommercial speech. However, it seemed that commercial speech, such as advertising, enjoyed no First Amendment protection. However, in the mid-1970s the Supreme Court held that purely commercial speech was entitle to some constructional protection. Therefore, only truthful commercial speech was entitled to First Amendment protection. False, misleading or deceptive advertising might be lawfully suppressed; therefore employees of the Elias Group must represent their company truthfully through their advertising. (Barnes, et al, p. 854).
Constitutional Rights
Freedom of Speech
The first amendment of the Constitutional states that "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 right to free...
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