vrypan |--o--|
@vrypan.eth
On freedom of speech. The first amendment protects freedom of speech from state intervention. However, one's freedom to speak their mind is not limited only by the state. It can be limited by other factors such as job security. It seems that there is no federal law that protects workers from being fired for their political affiliations or views. (See attached) Doesn't this grant de-facto censorship rights to employers? If I know that expressing my opinion (outside of work) can lead to me losing my job, isn't this a severe limitation of freedom of speech? https://www.shrm.org/topics-tools/employment-law-compliance/fired-political-affiliation-activity
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Eric P. Rhodes
@epr
The same law that allows employers to terminate employees for almost any reason also gives employees the freedom to leave their jobs without providing a reason or notice. While this flexibility is meant to benefit both parties, the power dynamics are clearly different. An employer can easily replace an employee, but an employee might self-censor to avoid losing their job. Sure, the "at-will" relationship offers some mutual flexibility, but the real-world impact on employees' freedom to express themselves outside of work is a serious concern. That said; another way to look at it is that employees still have a choice to work for a company who would censor them—and they also have the choice to leave them.
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Eric P. Rhodes
@epr
To add to that... It's true that many private-sector employees can be fired for their political affiliation or activities because there’s no federal law that protects these actions. However, some states and local ordinances that offer protections, making it illegal to terminate someone based on their political beliefs or activities. Also, government employees have more protection under the First Amendment, which doesn’t extend to private-sector workers. And while some states have laws against political activity discrimination, protections are often limited, and many states don't offer protections beyond voting rights.
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