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Freedom of Speech and Freedom of Business Owners Post from Mike Farris (NRB General Counsel): Oh how I wish everyone in America knew at least a little constitutional law. But alas. Here’s a mini lesson much needed right now. The freedom of speech protected by the First Amendment prevents the GOVERNMENT from improperly limiting your speech. It has absolutely no application to private employers or businesses. On the other hand, business owners have freedom to hire and fire for ALMOST any reason they want. The exceptions are they cannot hire and fire based on race, religion, sex, etc. The exact list of protected categories varies by state. Thus if a business owner fires an employee for condoning violence that is 100% within his right. That is his freedom and the fired employee has not suffered a free speech right violation because the employer is not the government. Government employees have some free speech rights outside of their employment but the privilege of such employment carries with it some limits. In general, speech that materially disrupts the government’s functions is grounds for firing. Advocating violence is likely to be sustained as a valid ground for such firing. The government cannot criminally punish people for celebrating violence. But if they advocate future violence in a manner that poses an actual threat then that may be prosecuted. Free speech protects the right to deliver controversial remarks on a public college campus. It is a government institution. But people commenting about such events are not protected by the Constitution if their private boss doesn’t like what they said and shows them the door. That’s his freedom to run his business as he wills.