Free Speech in the Digital Media Era: Navigating a Complex Legal Landscape

Free speech in the workplace, and speech made on social media both in and out of the workplace, is an ever changing landscape that employers must be cognizant of. A number of high-profile events within the past year have thrust free speech in the workplace into the national spotlight. As employers grapple with the nuances of when the expression was made (on the clock or off), the devices used to amplify the messages, particularly on social media, and any links back the employer on an employee’s digital profile, it is essential to understand how laws vary from state to state, especially with regard to political commentary, and the legal parameters that dictate employer policies.