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View Diary: Temple Tells Nurses: The Constitution Doesn't Apply to You (259 comments)

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  •  The Constitution (5+ / 0-)

    Simply put, th 1st Amendment to the US Constitution does not apply to a private employer, which I assume Temple is.  It applies to state employers through the 14th Amendment.  Still various court decision have restricted a state employee right to free speech when he or she is talking about their employer.  That is to say it has to be a matter of public (as opposed to internal) concern before the protection applies.  Public concern has been defined very narrowly.  An unprotected internal matter, on the other hand has been defined very broadly.  Consequently,  recent court decisions have restricted even a public employee right to bring a successful 1st Amendment claim.

    •  Patient safety IS a Public Concern! (0+ / 0-)

      How dare the management try to restrict nurses and other employees from telling the truth?

      Reporting incompetent health professionals whether it is a surgeon sneaking alcohol in the changing room to reporting that nurses are forced to care for a patient with needs they are not competent to meet.

      A labor and delivery nurse is not competent to care for post open heart patients.

      Nor is an adult critical care nurse competent to care for a little baby in the neonatal intensive care unit.

      WHY would the hospital want to gag their nurses?

      Rather they need to go to the bargaining table and find language that protects the right of nurses to advocate for their patients.

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