Philbin press conference.

[pondwater]

Or they could just stop using such terms. 

Actually, I am okay with calling someone who isn't giving a 100% "a lazy piece of shit."   Calling someone a n***** on the other hand should not be tolerated.   

You are correct. Calling someone n***** should not be tolerated at work. I may be mistaken, but I think that the voicemails in question were on personal time. Therefore, I would think that calling someone a n***** would be protected under the first amendment. On the other hand, the threats against Martin or his mother could be criminal.
 

The military has some very specific bounds that can not be crossed.  Calling someone a n***** or exploiting money from them, crosses that bound and would not be tolerated. 

The civilian world and the military world are to totally different worlds, moot point.

[pondwater]

Any man who says that to me would get blindsided by a flurry of haymakers.  After his jaws are broken and he's missing a few of his teeth, we'll see what kind of attitude he has towards slapping my mother.

Before you become a tough guy just remember that. 1) you may get your ass handed to you and/or killed by self defense. 2) arrested for assault and battery. 3) sued for any injuries to the person you (attempt to) assault.

Insults and slurs don't give you a right to touch anyone. And as far as threatening to slap your mother, unless she was present during the threat, I doubt that you would be successful using that as a defense. Everyone's a tough guy and I guess no one has learned from the Travon/Zimmerman circus. You can't just go around getting physical with people or you might just wind up dead.

[MyGodWearsAHoodie]

inside of a locker room I'd have a hard time quantifying bullying. In a teamwork atmosphere I have seen the weak being pushed out by coworkers. I don't think this is much different... Even if it was that. Inside of my current job or many others I have had even looking at people and making them feel uncomfortable is not accepted. Two completely different worlds.

Yes, locker rooms are different from offices.  But there are laws against workplace harassment.  And in the early 1990's in the locker room of one of your AFCE rivals it was clearly established that there isn't a "locker room exception" to these laws.  

I expect the recent incident will have just as much of a change as that one did.  

[Spider-Dan]

You are correct. Calling someone n***** should not be tolerated at work. I may be mistaken, but I think that the voicemails in question were on personal time. Therefore, I would think that calling someone a n***** would be protected under the first amendment.

The First Amendment has nothing to do with it.  The First Amendment protects you from the government arresting you for what you say, which is not even on the table.

Based on the rest of your post, if a boss tells his married secretary that he would really like to start receiving daily blowjobs from her, but he does so via a text on non-company time, no harm no foul?

[Fau Teixeira]

sigh .. the first amendment doesn't protect private speech.. .. never has .. never will

[MyGodWearsAHoodie]

You are correct. Calling someone n***** should not be tolerated at work. I may be mistaken, but I think that the voicemails in question were on personal time.  Therefore, I would think that calling someone a n***** would be protected under the first amendment.

How certain are you of that?

Why don't you call up an African-American coworker (not a friend but one who doesn't like you) on personal time and call them a n*****.  Once you are fired, sue your company for wrongful termination on the grounds that your speech was on personal time and not work time and therefor protected by the first amendment.

Harassing a coworker during non-work hours is not an acceptable business practice.  

[MyGodWearsAHoodie]

The First Amendment has nothing to do with it.

The First Amendment protects you from the government arresting you for what you say, which is not even on the table.

It also is relevant in what can and can't be liable in a civil suit.  There are very limited times you can sue someone for what they say.

So Pondwater is correct it does have some (but very limited) application. 

[pondwater]

sigh .. the first amendment doesn't protect private speech.. .. never has .. never will

If I walked up to you and insulted you or called you a name or a slur to your face. Are you saying that the first amendment doesn't protect that?

[Spider-Dan]

The First Amendment applies to the GOVERNMENT arresting you for what you say.

Hoodie, in the case of a civil suit, that would again be the government enforcing a judgment.  It has nothing to do with whether or not you can be fired by an employer for your statements.

[pondwater]

How certain are you of that?

Why don't you call up an African-American coworker (not a friend but one who doesn't like you) on personal time and call them a n*****.  Once you are fired, sue your company for wrongful termination on the grounds that your speech was on personal time and not work time and therefor protected by the first amendment.

Harassing a coworker during non-work hours is not an acceptable business practice.  

First, you are assuming that the call is recorded. Because if it's not the company will probably laugh in his face without proof. Kind of like the old "he said, she said" thing. Second, it can only be legally recorded with my consent unless the conversation takes place in a "one party" state.

[CF DolFan]

TMZ posted a video of Incognito using the N word.

The video, obtained by TMZ, shows a shirtless Incognito bounding around a bar yelling excitedly.
At one point he shouts at teammate and fellow offensive lineman Mike Pouncey: 'Mike Pouncey, n***a!'
He parades around the bar and shouts again: 'Mike Pouncey, motherf*****!'


Read more: http://www.dailymail.co.uk/news/article-2487953/Dolphins-lineman-Richie-Incognito-filmed-using-N-word-profane-video-rant.html#ixzz2jnzXX2Uz
Follow us: @MailOnline on Twitter | DailyMail on Facebook

He obviously isn't using it in a derogatory way.

People can argue whether its right or wrong to use racial slurs with their buddies but it happens all the time. With the N word being the worst I think either everyone should use it or no one should use it. On one hand I think it's really stupid for black kids to wear it as a badge of honor when it really dishonors their elders. On the other hand I think we give too much power to names that really have no affect on us unless we let it. If everyone used it it would lose its power over people.

[Pappy13]

I also asked you this before and you didn't respond: in your opinion, what should Martin have done?

Can I respond?  He should have went to his position coach and told him what was going on, played him the taped voicemail and told him it needed to stop TODAY! If that didn't make it stop he should have gone to Offensive Coordinator Mike Sherman and done the same thing. If that didn't make it stop he should have gone to Joe Philbin, then Jeff Ireland and then the NFLPA and then the NFL and then to the police till it STOPPED. I GUARANTEE you that if he would have done this, sooner or later Incognito would have been off the team or the intimidation would have stopped. As it was once he did this Incognito was suspended.

I cannot believe that I seem to be the ONLY person in America this makes sense to. I take that back, I was discussing this with my daughter who happened to be a nanny and she said this is exactly what she was taught in school and would tell any of her kids. If you are bullied, you don't confront the bully, you tell someone in authority and they will handle it for you. It's not rocket science. This is what they teach you in grade school. Maybe Martin never learned this because up till now he'd never needed it because he was always bigger then the other guy and no one dared bully him? Guys like me, who were the smallest kid in our class, we learned how to deal with bullies at a very young age. There is ALWAYS someone bigger then the bully.

[EKnight]

Can I respond?  He should have went to his position coach and told him what was going on, played him the taped voicemail and told him it needed to stop TODAY! If that didn't make it stop he should have gone to Offensive Coordinator Mike Sherman and done the same thing. If that didn't make it stop he should have gone to Joe Philbin, then Jeff Ireland and then the NFLPA and then the NFL and then to the police till it STOPPED. I GUARANTEE you that if he would have done this, sooner or later Incognito would have been off the team or the intimidation would have stopped. As it was once he did this Incognito was suspended.

I cannot believe that I seem to be the ONLY person in America this makes sense to. I take that back, I was discussing this with my daughter who happened to be a nanny and she said this is exactly what she was taught in school and would tell any of her kids. If you are bullied, you don't confront the bully, you tell someone in authority and they will handle it for you. It's not rocket science. This is what they teach you in grade school. Maybe Martin never learned this because up till now he'd never needed it because he was always bigger then the other guy and no one dared bully him? Guys like me, who were the smallest kid in our class, we learned how to deal with bullies at a very young age. There is ALWAYS someone bigger then the bully.

How do you know he DIDN'T go to someone. Every indication is that he told Philbin in April. How do we know Philibin didn't repsond by telling him to mind his P's and Q's because Cog was a veteran and Martin has one year under his belt. How do we know he wasn't told to "be a man" and "toughen up," like some people on this board expected him to do? -EK

[Brian Fein]

I can't tell whether you're being serious or deadpan sarcastic here...hoping for the latter.

Completely serious.  Not a joke.

[Pappy13]

How do you know he DIDN'T go to someone.

Not someone. Everyone. You keep on going to people until the problem is resolved. Unless he went to the police and they did nothing, then he didn't go far enough.

Every indication is that he told Philbin in April.

No that's not true. Philbin himself says that Martin never mentioned being bullied. The article says that his team mates were unaware of it as well. The article you pointed out said that Martin went to Philbin with issues that he was having. It doesn't say which issue. He could have told him that he didn't like the color of his room. It's been suggested that Martin was dealing with depression, may have been suicidal and was contemplating leaving the team. I believe that is what he talked to Philbin about and I believe that is what he talked to Philbin about after he left the team. Maybe the reason for all that was Incognito, but I don't believe for a second that he told Philbin that Incognito was the reason. A  couple weeks ago Incognito and Martin were seen together enjoying a day off I believe.

How do we know Philibin didn't repsond by telling him to mind his P's and Q's because Cog was a veteran and Martin has one year under his belt.  How do we know he wasn't told to "be a man" and "toughen up," like some people on this board expected him to do? -EK

I don't, but to believe that you have to believe that Philbin was lieing when he said that Martin never mentioned it to him. I don't believe that Philbin is lieing. You'd also have to believe that Philbin was acting COMPLETELY out of character for him. He's the kind of guy that picks up wrappers off the field, chides QB's for not having their shoelaces tied and embarrasses players for not having used the restroom prior to coming to practice. You honestly think he just ignored racial and threatening voice mails from team mates? Well I don't.