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An employees criticism of her supervisors possible misconduct in her official area of responsibility was not protected under the First Amendment, ruled the 7th U.S. Circuit Court of Appeals.
As to whether a public employees speech is protected under the First Amendment, the Supreme Court has made clear that public employees do not surrender all their First Amendment rights by reason of their employment.
Obscenity. Fighting words. Defamation (including libel and slander) Child pornography.
Employees of private employers are subject to the employers rules, and the First Amendment offers no protection. However, private employers are not free to discipline for speech if it is affirmatively protected by another statute.
Freedom of Speech in the Workplace Be informed. As an employer, understand what laws apply to free speech and employment, including federal, state, and local regulations. Ask the right questions. Engage with HR. Ensure safety. Review and update policies.
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Obscenity. Fighting words. Defamation (including libel and slander) Child pornography.
Employees of private employers are subject to the employers rules, and the First Amendment offers no protection. However, private employers are not free to discipline for speech if it is affirmatively protected by another statute.
Under these laws and absent an exception termination of an employee due to his or her lawful, off-duty politi- cally-motivated speech is illegal.
Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech.
Further, because the First Amendment does not constrain private actors, private-sector workers cannot fall back on the constitution at all; even public-sector employers are often free to fire or discipline workers for their speech.

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