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Jim727 Jim727 is offline
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Join Date: Oct 2006
Location: Northern California
Posts: 1,676
1) Please, lets try not to be insulting. I've had plenty of 'civics' and I don't do PARF, so...

2) I would never say the Bill of Rights regulated private citizens, the Bill of Rights defines citizen rights that are just that - rights - of which you cannot be deprived. A contract does not have the authority to deprive you of those rights just because it is non-governmental.

3) If an employer wanted to search your personal (i.e., home) computers that would be 4th Amendment - unreasonable search. An employer has complete authority over your computers at work, not your personal computers at home. If they think you are a party to a crime, they would have to either obtain your permission to do the search or obtain compulsion via the legal system.

4) No problem. Company changes ownership; new policy is that to work here you must change your religion to conform with the company approved religion. Or: your employment contract specifies that cannot hire/work/associate with anyone other than of the [pick one] religion/party. Or: you cannot advocate any position on any matter contrary to the position specified by an employer, even when not at work and not identified with the employer.

I'm not referring to a voluntary, informed, waiver of a right. I'm referring to a situation which would deprive you, involuntarily, of a fundamental right. I don't profess to be a lawyer, but I think it reasonable to assume that the reason you don't see such provisions in contracts is because they would be unenforceable.

You say "trust me on this" (I assume that means you're a lawyer) so let's turn this around - can you give me an example of an enforceable contract which compels a citizen, without voluntary, informed consent, to be stripped of a constitutional right?
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Old 03-02-2012, 12:42 PM
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