Yes. You are neglecting to make the distinction between Law and Private Enterprise. The Law says that his freedom of speech may not be suppressed. It was not. However, I'm sure the MLB organization acted entirely within the scope of the contract they signed with their employee.
As an example, I work for a company which is famous for being obsessed with its public image. The law says that I am free to say whatever I wish about that company without fear of going to jail for it. 1st amendment success! The company, however, is under no obligation to keep me in its employ if they do not approve of my views, especially if my statement (or the act of making the statements) violates any sort of clearly-stated company policy.
As another example, the 4th amendment gives us (among other things) protection against unreasonable searches. However, this does not keep your company from snooping through your work email (notice I said your WORK email, not your personal email). If the email address is provided by the company, then it belongs to the company and as such is not considered private. If the company wants to use stuff in your work email against you in court, in a review, whatever, then it is technically their right, since your email is technically as much the property of the company as your office chair or your parking spot.
Likewise, when
the July 1 "spy on all your downloads" program goes into effect, the ISPs will not technically be breaking any laws, since a) there really aren't any laws which guarantee any minimum level of access, and b) this is really just an agreement between businesses about the conditions under which ehty offer services to their customers, and customers who don't like the agreement are free to choose another ISP, so it's
totally not discriminatory nor a blacklist. It's not like the entertainment industry has ever had to deal with anything like this before.
Oh, wait.
--Patrick
