![]() ![]() Constitution, most state courts have interpreted their own constitutions to provide the same types of free speech protections contained in the federal version. While this language differs from state to state, and often differs from the language contained in the U.S. Like the federal Constitution, each state constitution has language related to the freedom of speech. Whether such a justification exists depends on whether the public employer’s need to ensure the efficient provision of services to the public outweighs the employee’s need to speak about matters of public concern. Supreme Court has clarified, “the First Amendment simply protects a public employee's right, in certain circumstances, to speak as a citizen addressing matters of public concern.” For this reason, if a public employee is not speaking as a private citizen and/or is not speaking about a matter of public concern, their federal employer is free to restrict their speech without violating the First Amendment.įurther, even if a public employee is speaking as a private citizen about a matter of public concern, their employer may still be able to restrict that speech without violating the First Amendment if it has an “adequate justification” for treating the employee differently from the general public. Further, although the First Amendment limits the right of public employers to restrict the speech of their employees, the limits that it imposes upon them are not in any way absolute. In the absence of other state or federal laws to the contrary, private employers are free to regulate their employees’ speech as they see fit. Importantly, the First Amendment does not limit the right of private employers to restrict the speech of their employees in any way. Following the passage of the Fourteenth Amendment, those same limits were imposed on state and local governments. Instead, it merely places limits on the ability of the federal government to restrict their speech under certain circumstances. Constitution does not grant them the unfettered right to say whatever they want to say whenever they want to say it. United States ConstitutionĬontrary to what many individuals believe, the First Amendment to the U.S. However, there is often a great deal of confusion and misinformation when it comes to these areas, so it is worth exploring them at the outset. ![]() There are four main legal sources that could provide employees with free speech rights in certain circumstances. Further, even where an employer possesses the right to limit the speech of its employees, it may find itself liable for violating non-speech related laws if it exercises those rights in an improper or discriminatory manner.įor these reasons, is critical for all employers to know what speech related rights they possess, what limits on those rights exist, and how they should exercise (or not exercise) their own rights in response to the actions of their employees. Under certain circumstances, employees may have the right to express their views on certain subjects even if doing so causes harm to their employer or fellow employees. Critically, those rights extend not only to employee speech at work, but also to employee speech away from work.Īn employer’s rights are not without limit, however. In fact, under both state and federal law, employers are permitted to regulate the speech of their employees under a wide variety of circumstances. From attending local protests to starting international online campaigns, thousands upon thousands of individuals have been doing everything in their power to make themselves heard.īut what happens when the individuals speaking out are your own managers, hosts, servers, and bussers – the literal faces of your business? Do you, as an employer, have the right to control how your employees choose to express themselves? If so, do your rights depend on what your employees are saying, where they are saying it, or who sees them saying it? Perhaps most importantly, even if you do possess such rights, should you ever choose to exercise them? #SPEEK FREE SERIES#Following a tragic series of recent events, individuals across the country have started voicing their opinions about social, cultural, and political issues with a passion not seen since the Civil Rights Movement of the 1960’s. ![]()
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