free speech Archives - Parks Chesin & Walbert
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Political Speech & the Workplace

If you think that work is going to be your reprieve from the incessant political pontification of your friends on Facebook and social media, think again. No one could have predicted the 2016 Election’s trajectory. Most in the media and the public thought Trump’s candidacy was a joke and that he would drop out. They were wrong. His inflammatory rhetoric has sparked a highly charged debate with deep passions raging on both sides. People who normally stay silent or ignore politics are weighing in on social media and at work. High emotions and strong divergent opinions can result in heated discord between employees and decreased productivity. An employer’s obligation to manage political speech at work depends on whether the employer is a public employer or a private employer. Here is the law:

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First Amendment Protects Act of “Liking” A Facebook Page

More than 36 million Facebook users “like” Barack Obama’s Facebook page.  More than 11 million users “like” Mitt Romney’s Facebook page.  The 2012 elections made clear that social media is the newest front in the war of political campaigns.  Until last week, however, it was unclear to what extent, if at all, the First Amendment protects the act of “liking” a Facebook page.

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