The First Amendment and Legal Liability
US Representative Joe Wilson (Republican, South Carolina) recently proved that free speech does not come without personal responsibility.
Former Domino's Pizza employees Kristy Hammonds and Michael Setzer will likely prove that in certain cases, free speech does not come without legal liability.
Earlier this year, Hammonds and Setzer, who worked at the Domino's location in Conover, North Carolina, posted a video to YouTube that by all accounts was supposed to be a prank and never supposed to be for public consumption. It showed them tampering with food while they were in the kitchen. The tampering involved acts that were certainly unsanitary and fed into fears and stereotypes about people who work in food services.
The video received worldwide attention. Part of that attention came in the form of media outlets that replayed portions of the videos in their newscasts, including stations here in the Charlotte area. It also attracted the attention of officials in Catawba County, who closed the store and had it sanitized, including throwing away all opened food items. It led to Hammonds and Setzer being charged with contaminating food. (Both appeared in court this past April and will return to court in January.) And because the store closed this past week, it may also lead to an array of civil suits.
By exercising their First Amendment right of free speech, in the form of a motion picture, Kristy Hammonds and Michael Setzer were directly responsible for the closure of that store - that according to Tim McIntyre, who represented the Domino's brand. By exercising their right of free speech, they damaged a nationally-known brand that has worked hard to earn its reputation, for better or worse, as a leader in its fast-food niche. And by exercising their right of free speech, they put other co-workers out of work at a time when our economy is struggling.
Even if Kristy Hammonds and Michael Setzer were merely illustrating the kinds of things that do go on in the fast-food business - and we've all heard those kinds of horror stories at some point - they were both way too old to know better than to do this. They weren't goofy teenagers killing time; they were goofy adults (Hammonds aged 32, Setzer 31) killing time.
Time isn't the only thing they killed. And they may be both criminally and civilly liable for it. As well they should.
Former Domino's Pizza employees Kristy Hammonds and Michael Setzer will likely prove that in certain cases, free speech does not come without legal liability.
Earlier this year, Hammonds and Setzer, who worked at the Domino's location in Conover, North Carolina, posted a video to YouTube that by all accounts was supposed to be a prank and never supposed to be for public consumption. It showed them tampering with food while they were in the kitchen. The tampering involved acts that were certainly unsanitary and fed into fears and stereotypes about people who work in food services.
The video received worldwide attention. Part of that attention came in the form of media outlets that replayed portions of the videos in their newscasts, including stations here in the Charlotte area. It also attracted the attention of officials in Catawba County, who closed the store and had it sanitized, including throwing away all opened food items. It led to Hammonds and Setzer being charged with contaminating food. (Both appeared in court this past April and will return to court in January.) And because the store closed this past week, it may also lead to an array of civil suits.
By exercising their First Amendment right of free speech, in the form of a motion picture, Kristy Hammonds and Michael Setzer were directly responsible for the closure of that store - that according to Tim McIntyre, who represented the Domino's brand. By exercising their right of free speech, they damaged a nationally-known brand that has worked hard to earn its reputation, for better or worse, as a leader in its fast-food niche. And by exercising their right of free speech, they put other co-workers out of work at a time when our economy is struggling.
Even if Kristy Hammonds and Michael Setzer were merely illustrating the kinds of things that do go on in the fast-food business - and we've all heard those kinds of horror stories at some point - they were both way too old to know better than to do this. They weren't goofy teenagers killing time; they were goofy adults (Hammonds aged 32, Setzer 31) killing time.
Time isn't the only thing they killed. And they may be both criminally and civilly liable for it. As well they should.
8 Comments:
Sounds like the man who sat on an aeroplane and made a joke about carrying explosive - and got upset when he was dragged off the plane, searched, interrogated... How clever are these people when they can't see beyond their own noses? And how do you post a video on YouTube and then say it was never intended for public consumption?
I'm not sure you actually needed to say that they are "former" employees!
By lesley153, Oct 04 09 7:51 AM
Lesley, from what I've understood, the video was never supposed to be released to YouTube. If I read correctly, Kristy Hammonds made that decision independent of Michael Setzer. But figure this - they actually did a public service for the people of Conover. There's no telling how many pizzas they really did affect with unsanitary practices that have never been caught on camera.
By cag1970, Oct 04 09 9:21 AM
A while back, there was a video on YouTube, of a young man bathing in a sink in the backroom of some fast food restaurant...I don't remember all the details, but there was trouble!
Even in 'good' restaurants, we often worry about how our food is being handled when not in our sight, so this is very dangerous publicity.
By veronikkamarrz, Oct 04 09 12:23 PM
You're right on that, VM...Even in places like Subway and Quiznos, where your sandwich is prepared right in front of you, there's no guarantee that the food hasn't been contaminated in some way.
By cag1970, Oct 04 09 2:55 PM
I've just got round to looking for the video, although I fully expected Domino's to have got it pulled. There are comments, and other clips with her name on, but the original has been pulled - and not by the company. Here's the message:
"This video is no longer available due to a copyright claim by Kristy Hammonds."
Isn't that amazing?
By lesley153, Oct 06 09 4:41 PM
She does indeed hold the copyright on it, based on US laws. The only reason she pulled it, though, is because the media kept showing it. I mean, it was shown on TV stations all over the country.
By cag1970, Oct 07 09 4:00 PM
That's why the best way to get your food is to make it yourself at home. xD
By dj168, Oct 25 09 7:59 PM
I agree with you there, dj...No question.
By cag1970, Oct 30 09 9:34 PM