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Freedom of Speech is oft considered one of the fundamental and defining freedoms of the United States of America. But the actual contours of the right to free speech are generally poorly understood. Especially in the context of private employees who are subjected to discipline at work for their speech outside of the workplace.
In the article “Protecting a Private Employee’s Free Speech”, published in the New Jersey State Bar Association Employment and Labor Law Quarterly, partner Frank Corrado discusses how New Jersey law and the New Jersey Constitution can provide free speech protection even to private employees speaking on matters of public importance.
The article notes the New Jersey Constitution provides an affirmative right to free speech rather than a mere limit on the government’s ability to regulate speech. It examines how this state constitutional right has been interpreted and applied in different contexts in the past and extrapolates how they may be applied to speech by private employees both in the course of and outside of the workplace.
If you are an employer or employee have any questions regarding freedom of speech, constitutional issues, or questions regarding litigation generally you can reach one of our staff at 609-729-1333.
Download the full article here: NJSBA Labor and Employment Law Quarterly
Additionally, you can learn more about the New Jersey State Constitution here!
Frank L. Corrado, Esq. is a partner at Barry, Corrado, Grassi & Gillin-Schwartz, PC and concentrates his practice in civil rights on constitutional law as well as municipal law and representation in real estate matter to both developers and individuals.