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1st Amendment and Free Speech/Speech @ work
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Question
Can a private company that is funded by the government use "religious speech" at work. For example, an email is sent to all employees with references to God. Also, pornographic images are also being sent to some people at work.
Generally speaking, the First Amendment only restricts government limits on speech and religious establishment. Private companies, even those receiving government funds, are under no such limitations.
There are some cases where private businesses are so closely intertwined with government that courts have held them to be an arm of the government and therefore subject to restrictions. But in such cases government really has to have real control over how the company is run.
Private companies could be subject to religious discrimination or sexual harassment claims as a result of its communications.
I hope this helps!
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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