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Labor/Employment

May 24, 2012

Free speech in the private workplace?

The First Amendment applies only to state action, so can private employers restrict political banter in the office?

Tamara I. Devitt

Haynes & Boone LLP

Phone: (949) 202-3060

Email: tamara.devitt@haynesboone.com

As the 2012 presidential election race heats up, so does employee "water cooler" talk about politics. Political debate in the workplace - especially that initiated by managers and supervisors - may result in employees feeling intimidated or harassed. On the other hand, many employees (bosses too) believe they have a constitutional right to voice their personal opinions in the workplace. Who's right? Can private employers restrict political banter in the workplace without running afoul of...

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