I'm not totally convinced of the account given by the store manager, or the artist. I think some truth likely lies between the two accounts given, and that we may not have heard the last of this case yet.

As to whether or not a First Amendment action could be taken in this case, I disagree with the poster who said he was a lawyer. There have been cases involving corporate workplace environments which are perceived as being discriminatory and harrassing (ie sexual harrassment) by a worker, where management has claimed their employees have a First Amendment right to tell lewd jokes, etc.

There is also a case I heard about recently where a corporate employer tried to discipline an employee for posting political cartoons on the company bulletin board. The employee, who wasn't the only employee posting things on the company bulletin board without company permission, brought an employment action against the employer for selective prosecution based on said employee's First Amendment rights. Because the company was selectively prosecuting the employee for his political speech, and because the employer had no written policy regarding employee posting on the bulletin board, the company lost the case.

So to say that there can be no First Amendment issues involved in employment or contract law cases is absurd.