1st Amendment and Free Speech/workplace slander by email

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Question
What recourse would supervisors have when a slanderous
email is broadcast to a CEO, other supervisors, co-workers in the same agency and other professionals outside of their agency?

Answer
Hello,

Generally speaking, private employers are not bound by any First Amendment restrictions.  The First Amendment only prevents government from restricting speech.  An employer would generally be free to sanction an employee for an email, including dismissal, unless there is some contractual obligation to the employee.  Further, a slandered party would have the right to sue the writer for any harm done to the party's reputation.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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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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