Part 8/9:
Napolitano discussed the nuanced relationship between freedom of speech and employment rights. While the First Amendment protects free expression from government infringement, it doesn't necessarily shield individuals from private employer discipline. Legal protections for employee speech vary by state, with some states, like New Jersey, providing broad protection unless the speech harms the employer’s business.
In states with at-will employment, employees can generally be terminated for any reason that isn’t illegal, including speech that might be socially controversial or offensive. However, if speech violates public policy—such as hate speech or threatening violence—employers may have grounds to take action, regardless of state laws.