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Henry Norr Fired: His Statement
[UPDATE #2]
Thursday, April 24, 2003
By Applelinks Senior Editor
John
H. Farr
It's hard to stick to our Constitutional principles
sometimes, especially if you have a problem with the
other person's point of view. All we're asking is for
everyone to please bear that in mind as you read this and
consider how you would feel if the shoe were on the other
foot. (Sooner or later, it always is!) The main thing is
that a valuable member of the Macintosh community has
suffered a blow that anyone can understand, and as far as
we're concerned, it never should have happened.
A few weeks ago we posted an article about well-known Mac
writer Henry Norr's suspension from the San Francisco
Chronicle after his arrest at an anti-war demonstration.
There has been some discussion at Applelinks and elsewhere
about personnel policy issues that in this editor's opinion
have little to do with the action taken against Mr. Norr, a
longtime tech industry commentator and former MacWEEK figure
familiar to many Mac users over the years. Whether or not
you agree with Norr's personal views, we think the labor
rights and civil liberties issues in this case should
concern us all. The following statement has been released to
numerous media outlets and is posted here with his
permission.
We are well aware that many of our readers will not agree
with the views expressed below and may even be offended by
them. However, it is not our intention to provoke debate on
any issue other than whether one's employers should be
allowed to fire a person with whom they disagree.
Almost four weeks after suspending me for
participating in an antiwar demonstration, the San
Francisco Chronicle this week officially fired me from my
job as a technology reporter and columnist. I consider
this punishment a violation of my rights as a citizen and
as an employee, and I intend to fight it with all the
means available to me.
My union, the Northern California Media Workers (Local
39521, The Newspaper Guild-Communications Workers of
America), has already filed a new grievance over the
termination of my employment, in addition to the
grievance filed last month over my suspension and yet
another one dealing with Chronicle management's
unilateral modification of the paper's ethics policy in
the wake of my case.
I also intend to file a complaint with the California
State Labor Commission under Section 1102 of the State
Labor Code, which unambiguously prohibits employers from
interfering with the political activity of their
employees. Specifically, Section 1102 says: "No employer
shall coerce or influence or attempt to coerce or
influence his employees through or by means of threat of
discharge or loss of employment to adopt or follow or
refrain from adopting or following any particular course
or line of political action or political activity."
The code prescribes criminal penalties for violations
of this provision, including imprisonment in the county
jail for up to a year. (The labor code's sections on
political activity are posted here.)
Unfortunately, at least one media corporation in
another state has managed to get around a similar law
with the perverse argument that the First Amendment gives
newspaper owners the right to limit the free speech of
their employees. Whether the Chronicle will make a
similar argument, and whether the California State Labor
Commission will fall for it, I don't know. But the code
itself makes no exceptions - for journalists or anyone
else - and I hope the commission will go by the plain
words of the law, order the Chronicle to reinstate me,
and apply the penalties the code calls for.
At the time of my arrest last month, Chronicle
policies did not ban participation in demonstrations. In
fact, the paper's ethics policy explicitly states that
"The Chronicle does not forbid employees from engaging in
political activities but needs to prevent any appearance
of any conflict of interest." Since my job was writing
about personal technology, not politics and war, I saw
and see no conflict of interest.
Since my suspension, management has twice made
unilateral modifications to the ethics policy. The most
recent "clarification" imposed "a strict prohibition
against any newsroom staffer participating in any public
political activity related to the war." But I wasn't
about to make Phil Bronstein my moral compass, so I've
used much of my unexpected free time to take part in the
continuing struggle against the war and the occupation of
Iraq. I've joined in several mass marches, I was shot in
the leg with a wooden dowel at the Port of Oakland on
April 7, and yesterday I was arrested again in civil
disobedience outside the gates of Lockheed-Martin, the
world's largest arms manufacturer, in Sunnyvale.
Whatever happens with my union grievances and my
complaint to the labor commission, I intend to continue
exercising my constitutional rights and my moral
obligation, as I see it, to oppose the Bush
Administration's reckless and illegal imperial
adventures. Someday I may have grandchildren who ask my
daughters what our family did in the face of this
madness. At least they'll be able to say we all tried to
make our voices heard - my wife and both of my daughters
have also been arrested in civil disobedience this month.
And I'm glad to know they won't have to say that I just
stood on the sidelines for fear of retaliation from my
employer.
UPDATE: 9:15 pm. MDT -- And the flames roll in
[along with a substantial and now much greater number of
pro-free speech comments] ... it constantly amazes us
that people don't always understand how free speech is
supposed to work. If you don't agree with Henry Norr, fine.
But what if he were your employer? Would it be
right for him to punish you for voting for the other guy,
for example? Of course it wouldn't. Our point in publishing
this statement -- and that is entirely the decision of this
editor -- is that a well-known Mac writer is in trouble for
something that had nothing to do with his job. As far as
we're concerned, we're all in this together, or should be,
and no one should lose his or her livelihood over political
or religious beliefs, period.
UPDATE #2: 9:57 a.m. MDT, April 25 -- Mr. Norr has
noted that there has been considerable discussion of his
behavior, motives, etc. at this Web site and invites your
questions or comments. His email address, now included
here with permission, is hnorr@mailblocks.com.
Note that the spam blocking service will require an
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