It is good when we understand the beauty and the breadth of our rights. It is also important to know the limitations. Freedom of Speech is restrained by the law and by our employers. There are laws against threatening, slandering, or endangering others, for example, crying fire in a crowded theater. An employee of a private company is limited by corporate policies and an assumed corporate loyalty.
Is that true for government employees? No. You can speak out against your government. Moreover, whistle blowers are protected by law. As a government employee, you have an almost unfettered right to speak out, however, your government employer also has an interest in promoting an effective and efficient workplace.
In its guide, the ACLU breaks down your speech rights under the Constitution if you are a government employee and if you are speaking:
- as a private citizen, (this does not apply if you are employed by a private business)
- about a matter of public concern, and
- if your speech does not interfere with your job.
The last is tricky. Here’s an example: a town employee carried a political sign (for a candidate) during her lunch hour. When questioned she said it was as a private citizen and lunch hour was her own time. That worked until a resident complained that she was uncomfortable seeking assistance from that employee because of her political views. In that case, it is generally accepted that the employer can ask the employee to curb the speech as interfering with doing the job.
