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Freedom of Speech in the Workplace
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Freedom of Speech in the Workplace
The right of employees to speak freely at work is often regarded as constitutionally protected.
Myth
So, who is protected and who isn't?
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Due to the fact that the First Amendment does not apply to private employers, there is no right to free speech in private workplaces.
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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.
Reality
A worker employed at will is at risk of losing their livelihood due to arbitrary reasons, such as offending their employer…
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Public employees are generally protected by the First Amendment, while private employees are not.
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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.