America has places where the First Amendment doesn’t seem to exist. Take work, for example. As explained here, if you express controversial opinions in a way that makes your boss look bad, you may find yourself out of a job. But for some, there is hope. In certain situations, a civil rights attorney may be able to help you recover his job, or lost wages.
Consider what happens when you or your loved ones engage in speech about important social issues.
Imagine that you work in the warehouse or corporate office of a large company. You are upset by statements made by the leader of a national fast food chain. The CEO of the food chain believes that marriage should only be between a man and a woman. You and your friends outside of work disagree. You join your friends and decide to attend a rally. You take out your camera and decide to make your own personal protest video.
You post your video online. There you are, expressing your views in the crowd, singing, holding banners and celebrating your cause. You are excited. You are in the discussion.
And you’re surprised when you get fired.
Your boss says you did not reflect the values and accepted behavior of your corporate culture. You defend yourself by saying that you were only talking about matters of public interest and left your company out.
The boss responds, pointing out that his co-workers are against him. He says that they agree that you should have fired. You hear him share his opinion: You acted like a rude protester, and your company doesn’t do things like that.
But not satisfied with this reaction, he thinks about taking legal action. He wants to know: Was his dismissal justified under the law? Can his employer legally fire him simply for expressing his own unique point of view? Or does the First Amendment protect you if you speak your mind on matters of public concern?
Well, the answer is: it depends on who you work for.
If you work for the government, the First Amendment protects your right to free speech. But if you work for a private company, the First Amendment does not apply.
Why? Because civil rights are protected only from government interference. Section 1983 of the United States Code gives all residents of the United States the right to sue all persons who “under pretense of law” deny that resident any constitutional rights. And so Civil Rights cases, also known as “1983” lawsuits, can only be brought against government employers. Private employers are free to fire employees who simply express their opinions in a way that makes the boss look bad.
Many are not aware of this strange wrinkle in the law. The constitution was only designed to protect us from the government. It was not designed to regulate disputes between ordinary citizens and their private employers.
The First Amendment is not a grant of power. It acts as a limit to the intrusion of the government in our lives. So if your boss is the government (i.e. a public school, police department, state government agency, or agency within the federal government) and you get fired for making your own personal protest video and posting it online, remember : the law protects you. So if you choose to speak your mind and lose your government job, contact a civil rights attorney.