It’s absurd. This really isn’t a free speech issue.
Damore was working for a private company; constitutional free speech rights apply to limits on how the government can regulate expression. He would be a fool to try and sue on free speech issues.
His position did not include a contractual proviso that he was allowed to use company resources and time to promote his ideas. This wasn’t a job, like tenured professorships, that encourage some degree of independence of expression as part of the job.
Even when free speech is part of your employment, there are restrictions. I can’t decide to teach invalid bullshit to my students, or sexually proposition my colleagues, without getting slammed hard and losing my job (admittedly, after a lot of painful bureaucratic entanglement, but even positions with public recognition of their independence have limits.)
Employers can have a code of conduct, and Damore apparently violated Google’s. That gives them the right to decide that one is unsuitable for a job.
Imagine that Damore, through incompetence or malice, had disrupted Google’s computer network. We’d have no problem seeing that that was a fireable offense, because it affected property and things. Damore in this case had deliberately disrupted the people who worked at Google. Why do we struggle to see the equivalence? His manifesto was blind to the importance of empathy and social concerns, but that doesn’t mean a multi-billion dollar organization has to be.
Most embarrassingly, Damore has a Ph.D. in Systems Biology. How the heck do you get an advanced degree in biology and hold the kind of false biases about human nature written in that manifesto?
But don’t you worry about James Damore. Julian Assange is offering him a job, and he’s guaranteed to fall upwards into the arms of rich MRA/racist asshats. He’s found regressive notoriety among these kinds of people:
Eric Weinstein, managing director of Peter Theil’s investment firm Thiel Capital, wrote a widely shared tweet to Google asking the company to stopteaching my girl that her path to financial freedom lies not in coding but in complaining to HR.
“Your girl” ought to have the freedom to code without ignorant assholes writing manifestos to poison the work environment against her; she deserves the freedom to fight back against lies, like those of Damore.
And isn’t it ironic that Damore is now achieving infamy not by his skill in coding, but in his primitive incompetence at social issues, which now requires him to find success not in coding, but in placating an alt-right mob?