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Free Speech at Work

Although First Amendment rights cannot be enforced in the private sector, an employer may not discriminate against an employee seeking to practice free speech. Prohibiting religious symbols on a worker's desk, for instance, violates the employee's freedom of speech.

Typically, free speech issues in the employment context arise when another worker feels harassed. Where free speech creates a hostile work environment, it likely will not be permitted. Courts have held that the workplace is different from public places (where the harassing speech cannot be prohibited) since there is a "captive audience."

Can I wear a political button to work?

Yes, unless your employer has specifically enacted policies prohibiting political expression.