Free Speech

Free Speech

Freedom of Speech in the Workplace:
Does it exist?

















Introduction

Freedom of speech is something that we, as American citizens, have come to expect in every facet of our lives.   We want to be able to speak what is on our minds wherever we go, about whatever we want, whenever we want.   We are presumably protected by the Constitution of the United States of America under the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Mallor p.1228).   So while it seems that our freedom of expression is protected under the First Amendment, freedom of speech is not unconditionally protected in every forum.   Many forms of expression that may be protected in one arena are not guaranteed to be protected in others.   This observably leads to the necessity of our judicial system to try and decipher the law as discerningly as possible.   According to Pete Kushibab, “The most prominent example of such a limitation is the law regarding speech in the public workplace. The First Amendment has been interpreted to hold that governmental entities may not take official actions abridging freedom of expression.”





Analysis of Findings

There have been many cases in which the US Supreme Court has set precedent to help public employers determine what types of speech their employers are entitled to exercise, as protected by the constitution, versus when that employer can take legal action against its employee.   One such case was Marvin L. Pickering versus the Board of Education of Township High School District 205, Will County, Illinois.   Marvin L. Pickering, a teacher in Township High School District 205, was dismissed from his position for offering his thoughts on a recently proposed tax increase to...