Can and should the National Football League regulate the use of the “N-word” on the field? It’s a much-contested topic of debate in the sports-sphere, but on Stark & Stark’s New Jersey Law Blog, Benjamin Widener uses it as a stepping-off point to discuss whether private employers can regulate “free speech” in the workplace.
“Generally speaking, private-sector employees are not entitled to First Amendment free speech protection, even when speaking about job-related matters in the course of their employment duties,” says Widener, as federal free speech protections apply only to the government. Private-sector employers can prohibit their workers from talking about non-work-related duties during work time and can regulate offensive or obscene language, he says, adding, “Courts have consistently held that private employers can significantly curtail employee free speech rights.“
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