Fema Employment

Why can private businesses and government jobs find "loopholes" and ignore the constitution?

For example yahoo chat tells us we can not have free speech when chatting or asking questions. We must follow their guidelines. This and with many workplaces do not allow people to say what they want. That takes away our free speech right. Also I have noticed that many companies including government jobs are allowed to give randam drug tests. Isn't that a violation of our rights of an illegal search and seizure? If they have no probable cause how can they just give randam drug tests? I know private businesses make you sign a contact stating all of this before they hire you but WHY should they be allowed to put this in their contracts if this violates your rights in the first place. Why are they allowed to get around this?

Public Comments

1. That is not a loophole at all. Infact, it comes directly from the Constitution itself. It's the "Contracts Clause" that allows Yahoo to stop you from having free speech. The Contracts Clause is in the body of the Constitution, not the Amendments. You AGREE, by using this website, to abide by Yahoo's guidelines. If you don't like it, you can go elsewhere.
2. Private businesses aren't regulated by the Constitution, and random drug testing isn't admissable in court. You can be fired, but not prosecuted. These aren't loopholes, that's how it's supposed to work. The Constitution was intended to free people up (even business people), not bind them. For example, how lame would it be if businesses had to hire a bunch of crackheads, even when they didn't want to?
3. In all the cases you mention, the 'rights' you seem to think you have do not exist, for the simple reason that you DO have the right to go do them elsewhere. Yahoo does not have to let you use their service. If you want to say things they don't allow, you go elsewhere. You do not have a right to that job, if you refuse the drug test. I'll give you another example: you do not HAVE to submit to inspection at the airport, you can just refuse, and you can go on your merry way. Just not onto a plane. Those are all reasonable accommodations between your rights and the rights of others.
4. It's not a loophole at all. We have the freedom in speech, in a public arena. These examples are private companies or facilities that make you agree to certain rules to participate with them. Random drugs tests do not violate your rights. They are ensuring you are capable of doign your job, and being under the influence of drugs inhibits that ability. It is also is a test of moral character, since drug use is against the law. It's a requirement of doing the job. You won't get hired as CEO without the appropriate requriements. Being drug free is just a requirement most companies have.
5. The first and fourth amendments only apply to government actors. Private companies can infringe on your constitutional rights all they want (well, within certain limits), because you are agreeing to their policies by accepting employment or using their services. The Constitution only protects citizens from governmental interference.