We’ve all been there: about to hit “submit” on that social media post that we believe strongly in, but we know it’ll be controversial and may get us in trouble at work … should that stop you from posting online? Can your employer fire you for something you say in person or online? What about your First Amendment rights to free speech?

If it’s a private company its probably not a First Amendment issue

Private companies can generally discipline employee speech online or elsewhere. They can go as far as to monitor speech created using employer assets such as a company computer or cell phone. There are certain limitations: an employer cannot violate state and federal civil rights laws and regulations, for instance Title VII of the Civil Rights Act which prohibits discrimination on the basis of categories such as religion, sex and national origin.

If you’re a government employee, it’s complicated

As a government employee you have two relationships: an employer-employee relationship and a citizen-government relationship. As a public institution, the government cannot restrict your speech without good reason. This also applies to government employees because they are members of the public as well. In this way, in some cases government employees have more free speech protections than those working for private employers.

The government usually ends up restricting employee speech when the speech would make it difficult for the employee to do their job (such as a government prosecutor who leaks information about a case to the press or on her blog) or would violate a law (such as sharing classified information).

For instance, courts have ruled in favor of police departments who fired cops for sharing racist remarks on their personal Facebook page because, “for police officers, in their community, being a known racist impacts their ability to do the job.” But this trend is changing in favor of an expansive definition of government employee free speech. In 2016, the Supreme Court ruled in favor of a police officer who sued his department when he was demoted after he was spotted in public holding a yard sign for a candidate running against the current administration.

What should you do?

Free speech seems simple, but it rarely is … especially given how easy it is to create and share thoughts in a semi-permanent way online. When considering publishing or writing something, especially if it is controversial, you have several options: consult your organization’s ethics officer, chat with a civil rights attorney or labor and employment attorney (many who work for non-profits offer free advice), or speak with an HR professional.

The one thing you shouldn’t do unless necessary … is censor yourself. Free speech is a cherished American right. Say what you want, as long as you say it responsibly.

Universal Basic Income Is Coming to the United States

I've long believed that the answer to racial injustice lies in increased education and economic opportunity. Notably, after his string of initial successes, Martin Luther King Jr. began shifting his strategy to advocate for the poor as a means of civil rights redress - but his work was cut short by his untimely death.

Now some 50 years later, cities around the United States that are still dealing with the aftermath of the economic crisis of 2008 are considering some of the then-groundbreaking ideas MLK championed. Indeed, they are late to the game - Canada and a number of European cities have already been experimenting with universal basic income (cash grants to low-income families with no strings attached).

Read more about how Stockton, California is starting one of the first, and arguably largest universal basic income programs in the United States.

Honored to Speak On the Same Stage As Japanese-Americans Interned By Out Government

I had the honor to speak at the National Museum of American History at the Smithsonian recently on civil rights issues. I was joined on the stage by Japanese Americans who grew up in internment camps where they were forced to live by the United States government merely because of their Japanese ancestry. It was a shameful time in American history, and even more important to discuss today as xenophobia is again on the rise.

The event commented the start of the recent Smithsonian exhibit on the Japanese Internment. 

Team Rubicon Rebuilds It's First Home - Couldn't be Prouder of The Greyshirts

Everyone Who Cares About Gentrification Should Read This

When I first read this account of what it was like to grow up white in "black DC" the story headline gave me some pause, but I pushed past my bias (and stereotyping) and continued reading. For those of who you who are fans of Starbucks, live in Washington D.C. or cities like it, or care about gentrification and both its negative and positive impact in our cities ... this story is a crucial read.

Colleges Recruit at Richer, Whiter High Schools

A phenomenal, in-depth piece by the New York Times that shows that public high schools in more affluent neighborhoods receive more visits than those in less affluent areas. From the article:

Only about a third of households across the country earn more than $100,000 annually, but nearly half of high schools receiving visits by private colleges and universities were in neighborhoods where average incomes were higher. Connecticut College visited neighborhoods with an average median house

In their out-of-state visits, our data also suggest, public universities were more likely to visit predominantly white public high schools than nonwhite schools with similar levels of academic achievement.

Read more