Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights Without Due Process Rights (in the Private Sector Workplace)?"
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights Without Due Process Rights (in the Private Sector Workplace)?"
journalspeech.substack.com
Here's an excerpt; read the whole thing here, and see also the broader symposium on Non-Governmental Restrictions on Free Speech: Both federal and state law include protections, including some in the common law of tort, for speech that advances public policy or the interests of the public. Scores of statutes protect employee whistleblowing, or disclosing illegal or harmful conduct, or claiming other employee rights—for example, reporting discrimination or complaining of violations of the wage and hour laws…. [A]bout half the states protect some kinds of political speech or association by private sector employees (especially that which takes place off-duty and is closely connected to the electoral process). The number and breadth of those laws on their face is surprising; yet they haven't generated a lot of cases, in part because they are not well known and are more or less hemmed in by deference to employer interests and prerogatives.
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights Without Due Process Rights (in the Private Sector Workplace)?"
Prof. Cynthia Estlund (NYU) in the Journal of…
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights Without Due Process Rights (in the Private Sector Workplace)?"
Here's an excerpt; read the whole thing here, and see also the broader symposium on Non-Governmental Restrictions on Free Speech: Both federal and state law include protections, including some in the common law of tort, for speech that advances public policy or the interests of the public. Scores of statutes protect employee whistleblowing, or disclosing illegal or harmful conduct, or claiming other employee rights—for example, reporting discrimination or complaining of violations of the wage and hour laws…. [A]bout half the states protect some kinds of political speech or association by private sector employees (especially that which takes place off-duty and is closely connected to the electoral process). The number and breadth of those laws on their face is surprising; yet they haven't generated a lot of cases, in part because they are not well known and are more or less hemmed in by deference to employer interests and prerogatives.