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The right of employees to speak freely at work is often regarded as constitutionally protected.
So, who is protected and who isn't?
Due to the fact that the First Amendment does not apply to private employers, there is no right to free speech in private workplaces.
However, what if you’re let go without reason?
A worker's words or their silence can sometimes cause employers to fire them without explanation.
A worker employed at will is at risk of losing their livelihood due to arbitrary reasons, such as offending their employer…
Public employees are generally protected by the First Amendment, while private employees are not.
References
Garden, C. (2022, May 5). Was it something I said?: Legal protections for employee speech. Economic Policy Institute. Retrieved September 1, 2022, from https://www.epi.org/unequalpower/publications/free-speech-in-the-workplace/
Kim, H., & Scott, C. (2019). Change communication and the use of anonymous social media at work. Corporate Communications: An International Journal, 24(3), 410–424. https://doi.org/10.1108/ccij-07-2018-0076
Lisa Nagele-Piazza, J. D. (2019, October 29). What employee speech is protected in the workplace? SHRM. Retrieved September 1, 2022, from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employee-free-speech-in-the-workplace.aspx
Morra, M. (2020, November 5). Freedom of speech in the workplace: What are your rights? Freedom of Speech in the Workplace: What Are Your Rights? Retrieved September 1, 2022, from https://www.lawyers.com/legal-info/labor-employment-law/privacy-and-other-employee-rights/freedom-of-speech-in-the-workplace-what-are-your-rights.html
Norton, H. (2009). CONSTRAINING PUBLIC EMPLOYEE SPEECH: GOVERNMENT’S CONTROL OF ITS WORKERS’ SPEECH TO PROTECT ITS OWN EXPRESSION. Duke Law Journal, 59(1), 1–68. http://www.jstor.org/stable/20684797
Rinner, S. (2022). Slurs and freedom of speech. Journal of Applied Philosophy. https://doi.org/10.1111/japp.12596
Ross, P. A. (2021, January 14). 'free speech' rights in the Workplace. McAfee & Taft. Retrieved September 1, 2022, from https://www.mcafeetaft.com/free-speech-rights-in-the-workplace/
Volokh, E. (1996). Thinking Ahead About Freedom of Speech and Hostile Work Environment Harassment. Berkeley Journal of Employment and Labor Law, 17(2), 305–320. http://www.jstor.org/stable/24050764
Warren, A. M. (2021, February 11). Free Speech and Expression in the 2021 Workplace. The National Law Review. Retrieved September 1, 2021, from https://www.natlawreview.com/article/free-speech-and-expression-2021-workplace.