Do Managers Have A Right To Fire Workers For Divisive Social Media Posts?

Employees' personal social media accounts are often open for all to see. Employers may discipline or even terminate an employee whose viewpoints or statements are construed as offensive, harassing, or discriminatory. Whether such actions could land the employer in legal trouble is an increasingly perilous minefield.

While the First Amendment of the United States Constitution protects most speech from regulation by the government (with certain exceptions, such as speech that imminently incites violence), its protections do not apply to private institutions, such as employers in the private sector. So, while individuals generally have a Constitutional right to peacefully express their views without government interference, private employees do not have the equivalent right in the workplace. A private sector employer can fire an employee in response to the employee's political activities or other speech without violating the employee's First Amendment rights.