Following the death of American political commentator Charlie Kirk in September 2025, US Vice President JD Vance urged the public to report individuals who appeared to be celebrating the incident.
Major world events like this are increasingly prompting employers to consider how to respond when an employee publicly expresses personal views that don’t align with the company’s values, workplace harmony, or corporate reputation.
The situation raises an interesting question as to the limits of employees’ personal rights to personal expression and the implications on the employment relationship.
This article examines the rights of employees to express personal opinions and clarifies when employers can lawfully and reasonably intervene.
Australia does not have an explicit constitutional right to freedom of expression, except for an implied freedom of political communication, which restricts government power not private employment relationships. While employees can express personal opinions, this right is limited by their duties of loyalty, confidentiality, and good faith to their employer.
An employer cannot discriminate against an individual based on their political opinions, beliefs or activities.
Private employers can regulate employees’ out-of-hours conduct, including online speech, if the behaviour impacts the workplace.
Investigate fairly: Where an employee expresses a personal or political opinion...
A federal grand jury subpoenaed records from the Arizona Senate's debunked "audit" of the 2020 election in Maricopa County amid fears that the Trump administration will attempt to assert control o...