The Dobbs Decision: First Amendment Considerations

The Court's decision in Dobbs has already resulted in a variety of protests, and employers, both public and private, must consider whether and how expressions of opinion about the Dobbs decision will be permitted in the workplace and in our schools. Significantly, the normal rules apply, and a brief reminder of those rules may be helpful.

Public employees have free speech rights that derive from the First Amendment. Employees of private employers may have free speech protections based on state law, such as Conn. Gen. Stat. § 31-51q in Connecticut, which confers certain free speech protections for employees in the private sector. Generally speaking, speech is protected when (1) it relates to a matter of public concern, and (2) the importance of the speech outweighs any disruptive impact of the speech. Clearly, the Dobbs opinion raises an issue of public concern. Accordingly, expressions of opinion (one way or the other) outside of the workplace will be