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1st Amendment and Free Speech/Freedom of Speech/Freedom of Expression - First Amendment Rights

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Expert: - 6/2/2011


Question
In the work place, my co-worker and I are from Hispanic decent and both are fluent in English and Spanish.  At times we speak Spanish to eachother and our Supervisor has threatened to write us both up if we continue to speak any language other than English to eachother.  Is it against our human rights to prohibit us to from speaking any other language other English in the workplace??  Does this go against freedom of Speech/Expression - 1st Amendment Rights???

Answer
Hello,

The first amendment only applies to government restrictions on speech.  Private employers are not bound by any Constitutional restrictions when they limit employee speech.  However, because English only workplace rules tend to have a discriminatory effect on certain ethnic groups, such policies may violate civil rights laws.

The link below addresses the issue at the federal level.  There may be even greater protections at the State or local level:

http://hr.cch.com/hhrlib/issues-answers/approach-workplace-english-only-policies...

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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