9.9 Particular Rights-First Amendment-Public Employees-Speech
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FAQ
If your employer is a private entity, the First Amendment offers you no protection from being fired on account of what you say. (You may still have protection from other sources described below, or in the one state that abolished employment-at-will, Montana).
As a government employee, you still have a First Amendment right to speak out on important issues. However, your government employer also has an interest in promoting an effective and efficient workplace. In this guide, we break down your speech rights under the Constitution.
If you're in the U.S., you have freedom of speech, religion, press, assembly and petition. The First Amendment is neither ?left-wing? or ?right-wing.? It can be used to push for social and political change, or to oppose change. The First Amendment is for everyone.
Courts have made clear that a person does not relinquish his or her First Amendment rights under either the state or federal constitution when accepting employment with the government.
If you work for a private employer, then, the First Amendment does not protect your speech in the workplace. Your employer can restrict your rights to free speech without implicating the First Amendment. Private employers are any entities that are not a part of the government.
Only that expression that is shown to belong to a few narrow categories of speech is not protected by the First Amendment. The categories of unprotected speech include obscenity, child ography, defamatory speech, false advertising, true threats, and fighting words.
California state law includes several laws that protect your free speech rights in the workplace, even if you work for a private employer. Two of them provide additional legal protections for your political speech and activity.
