AACFAMILY & FRIENDS
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Government employers’ concerns: free speech, social media and at-will employment
They need to get a fire hose and spray these
folks. They’re standing on 18 wheelers and (exple- tive) ... Don’t take no (expletive), this is our City!
... [Referring to a trio of women of differing races:] It’s like: 2 Ferraris and a dump truck.
— Shelby County, Tenn. sheriff’s deputy Facebook posts; relieved of duty
And they wonder why they’re profiled. #idiots.
— Jonesboro, Ark. city official’s Twitter posts; suspended for two weeks without pay.
By Lindsey Bailey AAC Legal Counsel
involving heated discussions on divisive topics, it is perti- nent for employers to notify their employees of this fact be- fore it becomes an issue. Some of you may be asking your- self, “How were some of those people terminated? Te First Amendment protects our right to free speech!” Others may be thinking, “Why do I need to have these conversations with employees? Arkansas is an at-will employment state, and I can fire whoever I want for whatever reason.” Well … not exactly. One of the most touted yet least understood concepts in U.S. Constitutional law is the First Amendment’s guarantee of a citizen’s “free speech.” In spite of what much of the public believes, the First Amendment does not give a citi- zen the right to say whatever he or she wants with no pos- sible consequences. To the contrary, the First Amendment gives a citizen the right to use protected speech without fear of certain consequences or censorship by the government. Classes of speech that are generally not protected by the First Amendment include obscenity, defamation, words that incite a “clear and present danger of imminent lawless action” and “fighting words.” Many of the examples cited above could fall into one or more of these categories. In
W COUNTY LINES, SUMMER 2016
hether employees realize it or not, even when off duty, they may still be represent- ing their employer. With the prevalence of social media use among the public, often
Would someone please put a bul- let in the (expletive) head. He has no respect for anyone in uniform and no respect for America. He’s a
worthless piece of (expletive). — Anchorage, Ky. firefighter commenting on an inflammatory article about President Barack Obama; suspended and under federal investigation.
contrast, political speech or conduct is heavily protected. County-elected officials are in a unique position as em-
ployers because they are also arms of the government and are ruled by the First Amendment free speech principals regarding what kind of employee speech and conduct they can restrict. In this age of technology, social media and peo- ple making their lives and opinions more public than ever before, it is reasonable that employers might become uneasy about what employees might do or say in a public forum and how it could reflect on the employer. Some easy-to- follow, key guidelines include:
See “SOCIAL MEDIA” on Page 16 >>> 15
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