Setting the record straight on 'free speech' rights in the workplace

Freedom of speech—most Americans seem to agree it's the most fundamental right guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant consequences for making an unpopular statement. While we may agree freedom of speech is critical, it's often misunderstood.

Recent events in Washington, D.C.—and their fallout—underscore the ongoing misunderstanding. Individuals who participated in the protests and breaching of the U.S. Capitol are facing arrest, termination by their employers, and various other consequences for their controversial political statements and actions. And the same events have resulted in near infinite responses by individuals, on both sides of the political spectrum, expressing their own opinions about the crowd's actions and the underlying political forces that may have motivated their behavior.

'Free speech' rights largely misunderstood

The question remains: Do Americans have the right to say whatever they wish, completely free of consequence? The answer is unquestionably "no."

The First Amendment to the U.S. Constitution reads, "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." It's important to note those first five words—"Congress shall make no law." That means the First Amendment applies to the federal government and no one else. Later, the 14th Amendment expanded the Bill of Rights to all state and local governments as well.