Employers must know when to hit the mute button on employee activism

In the wake of political unrest on immigration issues, division across the nation following the Charlie Kirk assassination, and the suspension of a Ford Motor Co. employee in Michigan who called President Donald Trump a “pedophile protector” during the president’s January on-site visit, perhaps a refresher on employee speech and activism is in order.

Free speech rights

While free speech under the First Amendment is a fundamental right, it isn’t unlimited. Often, employees don’t realize their First Amendment rights don’t extend to the private employment setting.

Indeed, a private employer can discipline or terminate employees for their speech—on-site or off-site, during or outside working hours—so long as the employer doesn’t violate some other state or federal law (e.g., most states prohibit adverse action against an employee when the action violates an explicit public policy, and the National Labor Relations Act (NLRA) prohibits employers from adverse action against employees for concerted activity or discussing working conditions).

When employees speak out