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Saturday, October 10, 2026

Employee Activism, Safety, and Support Amid Difficult Issues - Ogletree Deakins

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations both in and outside the workplace, whether through conversations, social media, or participation in marches, protests, and similar events.

Some workplaces could be further impacted by local protests, marches, or unrest that may make it unsafe for employees to go to work or remain at work. Employees may request time off because they want to participate in political and social justice events or may need mental health support. Anticipating these situations and knowing how to respond to them will allow employers to better manage these situations and engage with their employees.

Employee Activism

With regard to speech or expression in the workplace, although some employees may believe that their constitutional right to free speech provides wide protection, the First Amendment is actually somewhat limited. The First Amendment states, “Congress shall make no law … abridging the freedom of speech,” meaning the First Amendment applies to government action and not to private employers. So the speech of private-sector employees is not necessarily protected by the First Amendment—and, in fact, private employers have discretion to discharge or discipline employees for their speech, for example, inflammatory or hate speech, even when the speech occurs while an...



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