While the First Amendment does not restrict private employers from policing their employees’ speech, other legal and social commitments may. Practically speaking, because of a robust “free speech” culture in the United States, a prevailing notion that persons should be able to express themselves authentically, and the growing expectation that professionals build an online “brand,” employers may shy away from regulating their employees’ speech on social media, despite countervailing risks.
There are also legal limits on actions employers can take in response to employee social media engagement. Some states, like California and Colorado, prevent employers from terminating employees for their lawful off-duty conduct, while others, like South Carolina and Louisiana, protect employees from discharge for their political opinions. California and New York, among other states, forbid employers from preventing employees from engaging or participating in politics. In notably broad fashion, Connecticut protects employees from discipline for the exercise of their First Amendment rights.
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