"Everybody Talks" – Understanding Free Speech Rights In The Workplace

The First Amendment of the U.S. Constitution is the bedrock of the country's free speech rights, but that freedom is often fundamentally misunderstood – especially in the workplace. As more people engage in political rhetoric both in person and online, employers frequently face difficult questions: Which types of speech are protected by the First Amendment? Can the company implement and enforce policies that prohibit certain kinds of speech? Can employees be fired for such speech? The answer to these questions lies in the age-old, favorite lawyer response, "It depends."

"Hey baby what you gotta say, all you're giving me is fiction"

While the First Amendment guarantees all Americans the right to free speech, courts across the nation have consistently held that this right has limits, particularly in the workplace. When faced with discipline for certain speech-related conduct, many employees are quick to waive the "free speech" flag, contending their employer's