Atlanta Employment Attorneys Blog
The killing of conservative activist Charlie Kirk has triggered strong reactions from both supporters and critics alike. However, the reaction of employers has not been even-handed. Employees perceived as making negative comments about the shooting have faced intense blowback; some have even lost their jobs. Meanwhile, those celebrating Mr. Kirk’s controversial positions have faced no consequences at all. The disciplining of employees who appear not to support Kirk may lead one to wonder: Can employers legally discipline employees for their personal opinions or social media posts? While some may have that ability, others may have crossed a constitutional line and engaged in an impermissible violation of the employee’s free speech rights, especially if the employer is a public one. If you or someone you know is caught up in the controversy, an experienced Atlanta employment lawyer can provide you, as a public employee, with crucial advice and advocacy to ensure your First Amendment rights are protected.
Private employers are generally not restricted by the First Amendment. Thus, the majority of those employed by private employers have no free speech protections at work. These workers remain employed only as long as the employer wants them to be, and the employer can fire them for any reason or no reason at all, including its disapproval of their online or social media activity.
Public employees, on the other hand, enjoy First Amendment protections. These employees include public school teachers. Adam Goldstein, senior vice president of strategic initiatives at the Foundation for Individual Rights and Expression, a free speech advocacy organization, told WRAL in Raleigh, N.C., that, in general, “a public school teacher in their own time, posting on their social media that’s their own personal account about things that aren’t related to school, is going to be protected by the First Amendment.”