DEKALB COUNTY, Ga. — Recent firings and suspensions tied to politically charged online posts are sparking questions about what’s protected under the First Amendment.
Channel 2 Investigative Reporter Ashli Lincoln spoke with attorney Brian Sutherland, who specializes in employment and discrimination law.
He says we all have the right to the freedom of speech, but there could be consequences when it comes to who employs you.
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“In the United States, it’s a core value that we have to have freedom of speech,” Sutherland said. “But that’s different from what’s the legal scope.”
Sutherland says legal protections under the First Amendment really only apply to the government — not private entities.
“It doesn’t say private employers can’t make a rule about what, you know, folks can say or not say,” he said.
After the killing of conservative activist Charlie Kirk, there’s been a wave of private companies and universities firing people for online posts.
Thursday, an Emory School of Medicine employee was fired for a Kirk-related post.
And Monday night, ABC announced it’s shelving the Jimmy Kimmel show indefinitely after the host’s comments about Kirk’s shooting.
Sutherland says in both cases, there are no legal First Amendment protections because both are employed by private entities.
“This is an at-will employment state,” he said. “Employers can fire folks for a good reason, a bad reason, or no reason at all, as long as it’s not an illegal reason.”
However, Sutherland says they are seeing an increase in First Amendment retaliation claims against government employers.
“The idea of free speech is a good thing, and we value it in this country,” Sutherland said. “But that is a separate question from whether or not particular speech can actually be limited.”
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