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Different venues have varying definitions for "protected activity," but at a minimum, protected activity provides that attorneys are entitled to lie on behalf of their clients.
The watchlisting guidance says that "first amendment protected activity alone shall not be the basis" for nominating someone to the lists.
But he said an employee's criticizing a company or supervisor on Facebook was not necessarily protected activity.
"Geo-mapping", the FBI's purported tactical crime fighting tool, was exposed as a covert mapping program to track and monitor Muslim communities engaging in constitutionally protected activity, without any suspicion of crime.
The official, who insisted on anonymity because the complaint had not yet been filed, confirmed that it involved an accusation that the company had violated a worker's federally protected right to engage in concerted, protected activity with co-workers to improve working conditions.
But Stephen M. Kohn, executive director of the National Whistleblowers Center, said, "many of the companies that are complaining now about these rules have for years argued that going to an internal corporate compliance department is not a legally protected activity".
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The report strongly condemns the department for violating "the First Amendment by retaliating against individuals engaged in constitutionally protected activities".
The organization properly argues that it may not be penalized for engaging in constitutionally protected activities, like providing abortion services with its own money.
The designation was used to justify open-ended "terrorism enterprise investigations," circumventing court-imposed limitations on police investigations of constitutionally protected activities.
Some of these behavioral indicators may be constitutionally protected activities".
The FBI's "Don't Be a Puppet" website also came under criticism for potentially encouraging racial profiling and referencing constitutionally protected activities as possible signs of extremism.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com