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Dade Firefighter's Facebook Post On Trayvon Martin Sparks Firestorm

MIAMI (CBSMiami) – Tonight Miami-dade county is debating whether to fire a firefighter over a post he made on his Facebook page.

The captain's online rant is being described as racist and has created quite the controversy.  The controversy not just over what he wrote but whether he had the first amendment right to say it.

The website theGrio.com published the postings last Friday in which Fire Capt. Brian Beckmann reportedly blasted special prosecutor Angela Corey and wrote that "I and my coworkers could rewrite the book on whether our urban youths are victims of racist profiling or products of their failed, *expletive*, ignorant, pathetic, welfare dependent excuses for parents."

The Beckmann post went on to say.

"They're just misunderstood little church going angels and the ghetto hoodie look doesn't have anything to do with why people wonder if they're about to get jacked by a thug," according to the Facebook post.

The website, which is geared toward African-American issues, said someone with access to Beckmann's Facebook page sent them a screen shot of his posting.

When contacted about the post, Beckmann told CBS4 news partner the Miami Herald that he was a 'private citizen and have the same right to freely express an opinion on any subject that anyone else does'.

After the post made it to main stream media reaction began to pour in calling Beckmann racist.   Residents, even a colleague are demanding punishment. 

Faye Davis, a Miami-Dade firefighter stood in protest in front of her headquarters telling CBS4, "What they do is what they do.  Clearly rules have been violated and I would assume they are going to handle it in an appropriate manner."

Could the county punish a firefighter, a public employee, for what he said on his private Facebook page? Opinions vary."You should be able to speak what you want to speak. You shouldn't be fired over it."  Steve Smith, a Miami-Dade resident told us. 

Travares Turner agreed. 

"What I post is what I post," said Turner. "That's my speech." 

Anna Rodriguez, another Miami-Dade resident explained it's not that simple. 

"You can express your personal opinion but you have to realize that even your personal opinion may have consequences that may be unpleasant for you."

We dug up the county social media policy for the official word. The 11 page document is really a how to guide. There is just one paragraph regarding personal opinions that reads "do it on your own time, make clear that you are speaking from your own point of view."

So public employees do have first amendment rights. Well, not really.

"If you are a public employee the rules are different." UM Law Professor CarolinaMala Corbin explained.  She explained the government where's two hats.  One as the government and one as an employer.  The later affords them many of the same rights of a private employer. "As an employer it has to be able to discipline it's employees for speech that might disrupt the functioning or undermine the reputation of the office."

That last part may be happening. On Miami-Dade fire Rescues Facebook page, comments are pouring in. People writing things like "How many black homes has Beckmann let burn to the ground. Investigate all."  As the county now debates what to do there is a lesson to be learned here, whether public or private you may really not be able to write what comes to mind.   

So how do public employee express their opinion, if their employer can fire them for doing so.  Many have resorted to doing it anonymously. Corbin points out though if their identity is some how revealed it could subject them to the same thing that's happening here at the fire department right now.

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