Section 31-51q

Citation: Section 31-51q
Parent Document: Cotto v. United Technologies Corp., 251 Conn. 1 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898264/cotto-v-united-technologies-corp/ ↗

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In the present case, the complaint alleges that “[t]he plaintiff declined to display the American flag and further gave his opinion on the propriety of coercing or exerting pressure on employees to display the American flag.” The American flag, the subject of countless actions regarding individuals’ constitutional right to the freedom of speech, is a topic that is undeniably a matter of public interest and concern. See, e.g., Texas v. Johnson, 491 U.S. 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989) (burning of American flag in symbolic protest of governmental policies protected by first amendment); Street v. New York, 394 U.S. 576, 89 S. Ct. 1354, 22 L. Ed. 2d 572 (1969) (right to speak in contemptuous terms about flag protected by first amendment). The United States Supreme Court has described the American flag as a “symbol of adherence to government as presently organized.” Board of Education v. Barnette, 319 U.S. 624, 633, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943). Consequently, requiring an employee to display an American flag at his workstation requires him to support the American government. See generally Elrod v. Burns, *45427 U.S. 347, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976) (holding that employees of sheriffs office who were not civil servants could not be dismissed for failing to join certain political party).

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