You're completely missing the point. I can insult my boss's mother, and that is 100% good and legal. But you're claiming I shouldn't be fired, because it's my right to insult his mother, and he should respect that? I completely disagree. I do have the right to say (nearly) anything I want to my boss, but I also expect him to react to what I say. At the very least, that would be reprimand, if not dismissal, and/or a punch in the nose. I spoke. He spoke back when he fired me. We've both exercised our first amendment right, but you're not acknowledging his right to respond.