Frank Was Working as an Administrative Assistant in the Pentagon

question 2

Multiple Choice

Frank was working as an administrative assistant in the Pentagon. One day,his supervisor stopped at his desk and told Frank that the work he had been doing lately has been filled with mistakes and sloppiness. Frank responded by saying,"You are a fascist,just like everyone else who works here!" If Frank was fired and he claimed his free speech rights were violated,the federal government could successfully argue that his speech would not be protected by the First Amendment.Which of the following reasons would not support the government's argument.

• A)His statement was made within the scope of his employment.
• B)His statement did not address an issue of public concern.
• C)His statement was disruptive to the workplace.
• D)Frank was a government employee.

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Definitions:

Exculpatory Clause

A clause in a contract that basically frees one party (usually the drafter of the agreement) from all liability arising out of performance of the contract; generally based on factors such as consumer ignorance or a great deal of unexplained fine print that serve to deprive the less powerful party of a meaningful choice.

Liability Release

a legal document where one party agrees not to hold another party liable for risk, damage, or loss.

Green Hair

A hair color that has been dyed various shades of green or hair that has turned green due to exposure to chlorine or certain chemicals.

Legal Capacity

The ability of a person to understand the nature and effects of their actions under the law, thus being able to enter into a binding contract.