1st Amendment, Burning the Koran, Derek Fenton, Expressive Conduct, Free Speech, New Jersey, New Jersey Transit, Texas v. Johnson
In its 1989 Texas v. Johnson decision, The US Supreme Court ruled that burning the American flag constituted “expressive conduct” protected by the First Amendment’s free speech guarantee.
Burning the Koran, on the other hand, gets you detained and questioned by New York City police, and fired by your employer, if you work for NJTransit.
The protester who burned pages from the Koran outside a planned mosque near Ground Zero has been fired from NJTransit, sources and authorities said Tuesday. …
“Mr. Fenton’s public actions violated New Jersey Transit’s code of ethics,” an agency statement said.
“NJ Transit concluded that Mr. Fenton violated his trust as a state employee and therefore [he] was dismissed.”
Fenton was ushered from the protests by police on Saturday and questioned, but he was released without charges.
Mr. Fenton has the grounds for a successful law suit against NJTransit.