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Tattoos / Protected Speech |
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stratoaxe
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Topic: Tattoos / Protected SpeechPosted: 30 September 2012 at 9:01pm |
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Here lately I've been noticing the sheer number of friends I have that display large or multiple tattoos oin very visible places. Growing up I always looked at people that did such a thing as careless or of low ambition considering the limitations the workplace puts on body art, but here lately I've been wondering how this figures into protected speech.
It really brings to the surface a much debated aspect of free speech-what qualifies as protected speech.
Here's my take-I don't think it matters that expression of speech, especially religious speech, is protected so much as why it's protected. I think this is overlooked alot in these discussions because people tend to draw the line at "Is this religious?" or "Does this qualify?" but instead I think the real question is "What is the intention of protecting freedom of expression?"
I think that the emphasis placed on religion is outdated and overstated. What makes religious expression any more important than individual expression? Both stem for a deep rooted cognitive process and both can be equally difficult to separate from the individual personality. To be more clear, is the need to express your religious faith with a crucifix any more hardwired to the human brain than the need to express your love of music with a piece of body art?
Where I'm going with this is that if body art is an expression of the same ideological foundation as religion, why are employers able to so freely discriminate against it?
Now a disclaimer-I don't feel that businesses should be forced to hire the local skinhead with a swastika tattooed to his forehead. What I'm saying is that the law should reflect the norms of society. 50 years ago hiring a dude with tattoos down his arm would have impaired a business owner's ability to profit-now it's so common that maybe it's time for businesses to be forced to catch up with the accepted social practices of a society.
I'm sure this'll be a hotly disagreed with point of view-many on here are likely to disagree with it. But I think it's relevent to not only the discussions of tattoos but of expression in general.
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usafpilot07
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Posted: 30 September 2012 at 9:17pm |
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While I don't have any problems with tattoos, I certainly don't think it's involvement in hiring practices has anything to do with free speech.
If it can hurt business, that's the bottom line. You wouldn't hire someone that would say things to make potential customers uncomfortable, so why should an employer be forced to take that risk with body art. I don't things have changed so much that someone with full sleeves/neck tattoos/etc wouldn't turn away a fair amount of customers at certain types of stores. I'm sure someone will get high and mighty that it's not the tattoo wearers fault that people unfairly judge them because of their ink, but that doesn't mean it's not true. |
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stratoaxe
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Posted: 30 September 2012 at 9:27pm |
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I think the judging thing would be a poor response in this discussion. You can't force people to accept something that they find unacceptableso there's certainly a correlation between said judgements and the ability to run a business. You make a totally valid point.
However, the meat of my argument is this-at what point do we consider speech protected by law? Is one form of protected speech more expendable than another?
So if employers are forced to accomodate a person's religious beliefs unless a hardship can be proven is that form of religious expression of higher value to the individual than the body art of another?
My point is that we as a society hold religious expression to a very high level of individual protections and my question is how do you put a value on individual expression? Not just relating to tattoos, but expression in all forms.
This is all very abstract, I'm not necessarily advocating a change in Constitutional protection. But I think it's a very relevant discussion.
Edited by stratoaxe - 30 September 2012 at 9:30pm |
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Lightningbolt
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Posted: 30 September 2012 at 9:35pm |
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A group tackled this subject as a project in a business communication class I took last quarter. I got nothing out of their project other than a guy with sleeves can understand the objection. I'm sure it was my selective conservative hearing.
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usafpilot07
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Posted: 30 September 2012 at 10:15pm |
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A person can hold almost any religion, and you'd never know it. The same cannot be said for some tattoos. I don't think free speech is generally considered to only concern religion. I just think that only contentious religion/government related speech gets any attention, so it seems like that's all it applies to. I think it's a testament to the pervasiveness of our 1stA rights that we only hear it referenced in very few types of controversies. Its not as if free speech itself doesn't have limits anyways(and, for the record, I don't think the hiring practices issue is necessarily a free speech one anyways). I mean, where would you be allowed to draw the line for tattoos? Only words that are allowed on TV? No swear words? What about workforces that have uniform requirements? |
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stratoaxe
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Posted: 01 October 2012 at 1:00am |
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I'm less concerned with the idea that one be able to display his or her tats so much as I am with the idea that one should not find their ability to obtain employment hindered by said body art.
All your points are correct though-there's a certain give and take when offsetting personal freedoms with business practices. Is this something worth pursuing? Probably not at this time and place in history. There are far more sides to this discussion than I'm presenting with my argument. But I'm less concerned with the specific example of tattoos and more the general idea of what is valued in the lines of federal protection of expression / speech and if that value standard reflects an interest in preserving the right to expression.
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Kayback
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Posted: 01 October 2012 at 9:35am |
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I'm of the opinion that Tats are an individual thing. Like clothing.
My personal preference is a number of various different ones. Busy designing a new one to celebrate baby. I dislike sleeves or a whole body full of them. I prefer to be able to see skin with some tats on it, not a tat field with some skin showing through. What they say? Up to the user, but do you really want to go around screaming <KLR> at people all the time? KBK |
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kendall
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Posted: 01 October 2012 at 5:43pm |
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I have tattoos on my arms. I'm working on a sleeve on my right arm, and I have long hair and beard combo. Funny thing is, I work with elderly people in a dental office. My employer wasn't crazy about my hair or beard, but I've proved his initial impression wrong by being one of the best employees he has. He has no idea of my tattoos, but I've often wondered if/when I ran into him in public, if his opinion of me would change. I would hope we're past or nearly past the days where any of that stuff matters. The beard I was practically born with and my own mother wouldn't recognize me. If i chopped it and my hair I'd be single again (hmm.. kidding), and the tattoos I got simply because the subject is something I really enjoy and I don't think my passion for it will ever diminish.
The key is what's on the inside. And in terms of the work place, it's about ethic and morals. If you're a fantastic employee with an orange mo-hawk and more piercings in your face than you have fingers on your hands that's just fine in my book. I've seen the clean cut professional look slack off and not give two **edited**s about his job or clientele. It's all about the individual, and it's up to the employer to find the right people no matter what they look like, male or female, black, white, green or purple. At the end of the day, opinions are like assholes; everyone has one. And that's fine, as long as everyone gets a chance to do their best - whatever the outcome. |
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__sneaky__
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Posted: 01 October 2012 at 8:59pm |
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It honestly depends on the business and the tattoos in question, imo.
I would like to believe that as a society, we will eventually get over how superficially we tend to view others, but for now, that's not how it works. I like to think of myself as an open minded individual. I like most tattoos, and I'd honestly like to have a couple done on me at some point in time. However, if I own a business, and I think your physical appearance is going to drive my customers away, you better have a hell of a resume, or I probably won't be hiring you.
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tallen702
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Posted: 01 October 2012 at 10:13pm |
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I think you're seeing more and more people come to accept tattoos in the workplace. I see guys in their business attire in the summertime with their Oxford sleeves rolled up showing ink on their arms and nobody gives them a second glance. My brother in law has a phoenix on his calf that goes from knee to ankle and he's an administrator at Wake Forest hospital system ER. He's wearing long pants at work, so nobody really gives a crap. Even in restaurants, so long as it's covered, we really don't care if servers have the, even then, if it's a matter of your shirt riding up and you seeing the half-sleeve some guy has, or the ankle or tramp-stamp some girl has, nobody seems to notice anymore. I think that the stigma died the moment they became popular with the college crowd and everyone and their brother got a tribal/chinese symbol/whatever inked on them for the hell of it.
Now, there are still some taboos that are going to take a long time to work their way into polite society. Neck and facial tattoos are still pretty much no-nos if you want a high level job. Also, the better the ink, the more acceptable it is. Your prospective employer may dig the History of Ireland band you have around your bicep, but they aren't going to go for some sloppy looking crap scrawled on your hands/knuckles. That said, I think I'm going to go get some more work done for my birthday. Been wanting the family coat of arms on my left shoulder for some time. |
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jmac3
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Posted: 01 October 2012 at 10:32pm |
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I agree with not having outrageous tattoos in a professional work place. I can see maybe a forearm tattoo but that's about it. Once they go up the neck I think employers should be able to not choose you because of it. They just look tacky.
I have interviewed for 2 jobs (one the job in florida I just got)that asked me about visible tattoos and that's enough to keep me from getting one. I never want it to be a thing to stop me from getting paid. |
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Lightningbolt
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Posted: 01 October 2012 at 10:53pm |
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I'm not understanding how hairs can be split with sleeves are ok but neck tattoos no.
It just kind of seems like arguing against what is being supported in favor of. |
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stratoaxe
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Posted: 01 October 2012 at 11:15pm |
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And that's where this argument gets more complicated for me.
One of the issues facing the standardization of visible tattoos is the deep meaning behind them-every tattoo expresses an idea or a period in your life and the workplace wants its own ideas represented, not your opinion on how awesome The Empire Strikes Back was.
And of course all the discussion in the world doesn't change the fact that there is a certain level of hostility taken towards tattoos in the workplace and it's no secret So when you decide to get Godzilla making love to a goldfish tattoo'd on your neck you're well aware that you'll probably be sweeping floors in a bar until you find an employer that's willing to let your sex fantasy represent their interests.
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Kayback
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Posted: 02 October 2012 at 1:55am |
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It's, imho, the difference between being slightly intoxicated and throwing up on the dance floor. One is fun and adds to the life of the party, the other not so much. I don't have anything against sleeves or whatever, they just aren't for me. I prefer individual, separate tattoos. I think whole masses of tattoos just look like a mess. But I won't deny you employment based on it. |
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tallen702
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Posted: 02 October 2012 at 7:14am |
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Neck and knuckle tattoos tend to denote involvement in criminal circles in the public psyche. Until they become mainstream places to get tattooed (and they probably won't for quite some time) then they won't be publicly accepted as "OK" by most employers. I'm not saying it's necessarily right but rather pointing out the rational behind it. |
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Lightningbolt
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Posted: 02 October 2012 at 7:33am |
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This it's what I'm hearing; you can drink jack daniels but not jim beambecause I don't like jim beam
Even if it's just a tiny star I find tattoos repulsive. Edited by Lightningbolt - 02 October 2012 at 7:48am |
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evillepaintball
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Posted: 02 October 2012 at 2:41pm |
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Yes, tattoos are a protected form of expression which could be called "free speech". Businesses have a right to not hire you based on what you say. Tattoos are no different. Why is there even a debate?
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oldpbnoob
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Posted: 02 October 2012 at 6:23pm |
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Free speach etc. aside employers will hire or not hire whoever they see fit. It's not like they have to give a reason or anything. When I was hiring, I passed over a few people for reaons that are technically illegal, but that's the way it is. I also could apply at Victorias Secret every day for the rest of my life and would doubtlfully ever get hired because of my age and sex, but who's really going to call them out on that? Discrimination will always exist in the workplace as long as people do the hiring. I don't really care much about tattoos and would have no problem hiring someone with tattoos on normal areas, but most likely wouldnt hire someone with facial tattoos. I also wouldn't hire someone who wanted to dress like a vampire or wear tutus every day at work. |
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Lightningbolt
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Posted: 02 October 2012 at 7:13pm |
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I want to work at victorias secret on saturdays now. Excellent idea.
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