Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in the First Amendment, celebrities and high-profile figures are freely expressing highly controversial opinions through a variety
Articles Discussing Free Speech In The Workplace.
Can an employer regulate its employees’ political speech or activity in the workplace?
Supreme Court Weighs in on School Regulation of Students’ Social Media Speech
Last week, the U.S. Supreme Court held that a Pennsylvania school district went too far when it suspended a student from participation in the school’s cheerleading squad based on “vulgar” comments made about the coach on the student’s personal social media account. In an 8-1 decision, the high court emphasized
SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts
On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social media posts critical of her school constituted free expression protected by the First Amendment of the United States Constitution.
Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated his employment in retaliation for his exercising his rights under the
Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?
Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least institute a policy prohibiting this kind of behavior going forward?
Election 2016: Political Speech and Activity in the Workplace
On November 8, voters across the country will head to the polls to determine the next president. Some states have already begun the early voting process. Voters will also decide who fills various U.S. congressional seats, who will represent them at the state and local levels, and which ballot initiatives will be approved. As voters contemplate their important choices, the heated rhetoric on the campaign trail will undoubtedly make its way into the workplace. For instance, in June 2016, 26% of responding human resources professionals reported an increase in the amount of employee political concern and expression this election season.1
Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis
A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or her constitutional rights, the U.S. Supreme Court has held in a 6-2 decision. Heffernan v. City of Paterson, No. 14-1280 (Apr. 26, 2016).
What’s in a “Like”? Precedent-Setting Case Poses New Risk for Employers
The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for “liking” the campaign page of his boss’ political adversary engaged in speech protected by the First Amendment of the U.S. Constitution. While this case, Bland v. Roberts, Case No. 12-1671 (4th Cir. Sept. 18, 2013), involved only public sector employees, the Fourth Circuit’s ruling has important implications for private employers as well.