This is an experiment posting an article about a short form video I did.
Oh wow did you see that Sperry’s fired some of their staff for comments about Charlie Kirk?
It’s actually not just Sperry’s, all over the state and the country employees are being fired for their reactions. From Middle Tennessee State University , The Carolina Panthers, FEMA, even MSNBC.
Free Speech: Public vs Private
It is showing some confusion in our first amendment rights, employment law, and really just common sense.
A violation of the first amendment can only occur through government conduct. So generally speaking private parties are not subject to first amendment constraints. An employer firing an employee for a social media post does not violate their 1st amendment rights. And to be clear, private parties can be subject to first amendment constraints but there needs to be a entwinement to show a private actor is heavily integrated with government function. See Brentwood Academy v. TSSAA
Even then the first amendment does not protect all speech. Speech not protected includes:
Obscenity,
Child pornography,
Defamation,
Fighting words,
Real threats,
Crimes involving speech like perjury or extortion, and
Violation of copyrights and trademarks.
At Will Employment
Most employees in the private sector are at will meaning that their employers can dismiss them for cause or no cause just not bad cause (ie illegal). Meaning your employer can and will let you go if you violate any rule, go against company culture, or they perceive you are putting their bottom line at risk.
Kilmeade vs Dowd
And to illustrate the example of how employees are at the whims of their employers.
MSNBC fired Matthew Dowd, a political analyst, for these remarks he made on air immediately after the shooting.
In comparison Brian Kilmeade on Fox News said this without any repercussions. To be fair he has since apologized.
To be clear, everyone should be entitled to say what they feel, But you have to understand people will react and those reactions can have consequences. It is probably a good idea to pay attention to both what is side and how people react.
Tips for Employees and Employers
Tips for employees: Practicing discretion by thinking before you post, keeping personal opinions clearly separate from professional identity, and respecting confidentiality helps protect both your job security and the organization’s interests.
And for potential employers: A well crafted social media policy helps protect the company’s reputation, ensures legal compliance, and gives employees clear guidance on how to represent the brand online. So reach out if you need help.
The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.
