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hi mr.troy!
i am a law student from israel and i have one simple question:
is the "freedom of working"- the right to work in anything(as long as it's legal..) can be found in the american constitution? and if not..where?
thank you very much!!
amir
Hi there,
There is no explicit right to work in the Constitution or anywhere else. While it is inconceivable why they might want to do this, there is nothing in the Constitution to prevent people from working at all. Certainly, they already place all sorts of limitations on work by creating workplace safety, wage, hour, and other conditions on labor. Many professions require a government license or permit or require other restrictions such as insurance or bonding.
The default rule is that if government does not limit or restrict something, people are free to do it. So it would be up to government to place limits affirmatively.
I suppose if the government tried to get too unreasonably restrictive, the Courts might "discover" such a right as they have with many other rights which are not actually explicitly part of the Constitution.
I hope this helps!
- Mike
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| Comment | You helped me to gain a better understanding of freedom of speech laws, and the circumstances in which free speech can be curtailed. Thanks for the straight forward, comprehensive response. I also appreciated the fact that you responded in a polite and timely fashion. | ||
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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