 | John Gibson
is a senior partner in the Wichita law firm of Gilliand & Hayes. He has been practicing law for nearly 30 years. In addition to healthcare law his practice includes wills, trusts, estate planning, probate and general representation of individuals and small business. Contact information: Phone:
316-264-7321; Fax: 316-264-8614; and e-mail: jgibson@boyerds.com |
Legal
2003-08-01 13:57:00
What about expressing political views at work?
John Gibson
Question: Do employees have the right to express unpopular political views at work?Answer: Yes, as a general principle employees have the right to express their views at work, with certain restrictions. The First Amendment to the United States Constitution guarantees freedom of speech and freedom of the press. The United States Supreme Court has ruled in various cases, however, that such freedoms are not absolute nor do they occupy a preferred position. The Court has held that they may be limited so as to protect the rights of others or to guard against subversion of the government and the spreading of dissension in war time. Protection of the rights of others includes the rights of employers. Employers may impose reasonable work related rules depending upon the type of business and the work being done. For example, an employer may require employees to wear protective gear, to wear uniforms, etc. An employer also has the right, if it is reasonably necessary in the work place, to restrict certain speech in the work place if the restrictions have the purpose of enhancing the work place, halting disruption, and protecting the rights of the employer and other employees. All of these restrictions by an employer have to be legitimately necessary for the work being done and to enhance or protect the work place. The key is that any restriction placed by an employer has to be legitimate, has to be for the benefit of the work place, and has to be reasonable. Thus, an employer may restrict conduct and speech in the work place if the above conditions are met. The other primary restriction placed on freedom of speech is not imposed by the employer, but by law; that is the prohibition against slander. Slander is the speaking of defamatory words that tend to prejudice another in his or her reputation, office, business or means of livelihood. Whether in the work place or anywhere else, slanderous words cannot be spoken. To summarize, employees do have a right to free speech at work, including expression of unpopular political views, subject to the restrictions discussed above.
