Andrew Strom, a labor attorney and professor at Brooklyn Law School, discussed the stark contrast between free speech protections in public and private sector employment on the America’s Work Force Union Podcast.
Strom highlighted the “double standard” in American free speech protections. While public sector employees enjoy First Amendment rights, private sector workers can be fired for expressing opinions their employers dislike. He said this discrepancy undermines core American values like free expression and public discourse. Strom pointed to union contracts with just cause provisions as one of the few safeguards for private sector workers' speech rights, emphasizing unions' critical role in protecting employee voices.
The attorney examines potential legislative solutions, citing Connecticut's law prohibiting employers from disciplining workers for exercising First Amendment rights as a model. Strom argues such protections could be implemented nationwide without infringing on employers' legitimate interests in maintaining a functional workplace. He distinguishes between rank-and-file workers' off-duty speech and that of supervisors, who may face more restrictions due to their power to influence hiring and promotions.
Strom drew parallels between private sector speech restrictions and government censorship, referencing a 1981 U.S. Supreme Court case that protected a public employee's right to criticize the president. He contends that large corporations wield significant power over workers' lives and should not have unchecked authority to silence employees' comments on public matters. Strom advises caution in social media posts, given the current lack of protections, but advocates for broader free speech rights in private employment.
To hear the full discussion on free speech in the workplace, listen to the complete episode of America's Work Force.