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ARTICLE · 15 JANUARY 2021

Free Speech And The US First Amendment: Where It Is Implicated, And Where It Is Not

The right to free speech is protected by the First Amendment in the US, but what does this mean for private employers and employees?...

United StatesEmployment and HR
Johanna G. Zelman (Ford Harrison)
Johanna G. Zelman (Ford Harrison)
Elizabeth M. Smith (Ford Harrison)
Elizabeth M. Smith (Ford Harrison)

The right to free speech is protected by the First Amendment in the US, but what does this mean for private employers and employees? This article provides guidance on this topical question in the wake of the unrest at the US Capitol on 6 January.

In the wake of the 6 January 2021 unrest at the United States Capitol Building and several social media outlets suspending President Trump's accounts, free speech is a hot topic. Although the right to free speech is ingrained into American life, free speech is not absolute. The Constitutional right to free speech is not implicated by the actions of these private social media platforms because they are private entities, not arms of the government. Moreover, the First Amendment does not protect certain speech intended to incite or produce violence and lawless action.

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