Last year on the anniversary of the September 11th attacks, NJ Transit worker Derek Fenton participated at a protest near the planned Ground Zero mosque in Lower Manhattan.
As is Fenton's Constitutional Right under the First Amendment of the Constitution of the United States of America, he tore pages out of the Muslim Koran and burned them in protest.
The New York Police physically led Fenton away, but was later released without charges ever being filed against him. (see video, left)
Even though Fenton participated in the protest as a private citizen, his employer, the New Jersey Transit, fired him for, as they said in a prepared statement;
"Mr. Fenton's public actions violated New Jersey Transit's code of ethics. NJ Transit concluded that Mr. Fenton violated his trust as a state employee and there he was dismissed."
In a lawsuit filed against his former employer, Fenton has been awarded his $86,000-a-year job back, and will receive $25,000 for 'pain and suffering caused' and receive back pay equal to the amount of $331.20 for every day since he was fired on September 13 last year.
The state will also pay $25,000 in legal fees.
Fenton stated to the press;
"Our government cannot pick and choose whose free speech rights are protected, based on whether or not they approve of the context of our statements or actions. This is the very essence of the First Amendment."
The NJ Code of Ethics can be found here. I have yet to find where Mr. Fenton has committed a violation of such.
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