First Amendment / Free Speech (Public Employees Only)

• Applies to government workers everywhere in the U.S.

• Courts balance employee free speech rights against the government employer’s operational interests.

• The First Amendment generally does not restrict private employers.

At-Will Employment in the Private Sector

• Many states, including Louisiana, have “at will” employment, meaning employees can generally be terminated for any reason or no reason. However, crucial caveats to at-will employment are that an employer cannot terminate an employee for illegal reasons (such as discrimination, harassment, or employee participation in a protected activity) not if the termination violates a contract.

Federal Anti-Discrimination Laws

• Employers should not take any action that is discriminatory in nature, including any action that would disproportionately target individuals of a specific legally protected characteristic or who engage in a legally protected activity—including race, national origin, sex, gender, sexual orientation, gender identity, or religion.

• For example, if an employee’s social media post regarding the assassination of Charlie Kirk includes a reference to either Charlie Kirk’s or their position on a political issue that references a protected characteristic—such as immigration policy; diversity, equity, and inclusion and affirmative action; abortion; religious rights; Black Lives Matter—employers can consider whether such action could be construed as discriminatory.

Protections for discussing wages, benefits, and work conditions

• The National Labor Relations Act protects employees’ rights to discuss wages, benefits, and work conditions, including on social media. If an employee’s social media post regarding Charlie Kirk’s assassination references anything related to working conditions—such as a political position regarding unions, payment of fair wages, rights of foreign nationals to employment, etc.—employers should avoid any adverse action against the employee.

State Law Protections in Louisiana

• Political Activity Protections: Many states have statutes that protect certain political rights of employees. For example, in Louisiana, La. R.S. § 23:961 prohibits employers from interfering with employees’ political activities, including becoming a candidate for public office or supporting a candidate. While this statute does not explicitly address social media commentary, adverse action tied directly to “political activities” may be risky. While this law is not used often, employers should be aware of its protections prior to taking any action.

Operational Disruption and Reputational Harm

• Employers may justify discipline if speech disrupts the workplace, undermines business operations, or damages customer and community relationships—provided that such discipline does not also constitute a legal violation.

Employer Policies and Codes of Conduct

• Written, consistently enforced policies on employee conduct and social media use are a strong defense to claims of unfair treatment.

• For example—and one are where employers should certainly take action—is if employees regardless of political spectrum or position are making social media posts promoting or calling for violence against people, which is likely against the employers’ workplace violence policy even if done “off-duty.”

• Employers should avoid vague or inconsistently applied standards.

Have social media and conduct policies reviewed and updated to ensure legality

Train HR and supervisors to apply rules consistently and document decisions.

Distinguish carefully between public-sector and private-sector employees.

Assess the context of any possible objectionable speech: on-duty vs. off-duty, private citizen vs. employee role.

Consider reputational and operational impacts alongside legal risk.

Consult legal counsel before taking action in high-profile or controversial cases.

First Amendment / Free Speech (Public Employees Only)

• Applies to government workers everywhere in the U.S.

• Courts balance employee free speech rights against the government employer’s operational interests.

• The First Amendment generally does not restrict private employers.

At-Will Employment in the Private Sector

• Many states, including Louisiana, have “at will” employment, meaning employees can generally be terminated for any reason or no reason. However, crucial caveats to at-will employment are that an employer cannot terminate an employee for illegal reasons (such as discrimination, harassment, or employee participation in a protected activity) not if the termination violates a contract.

Federal Anti-Discrimination Laws

• Employers should not take any action that is discriminatory in nature, including any action that would disproportionately target individuals of a specific legally protected characteristic or who engage in a legally protected activity—including race, national origin, sex, gender, sexual orientation, gender identity, or religion.

• For example, if an employee’s social media post regarding the assassination of Charlie Kirk includes a reference to either Charlie Kirk’s or their position on a political issue that references a protected characteristic—such as immigration policy; diversity, equity, and inclusion and affirmative action; abortion; religious rights; Black Lives Matter—employers can consider whether such action could be construed as discriminatory.

Protections for discussing wages, benefits, and work conditions

• The National Labor Relations Act protects employees’ rights to discuss wages, benefits, and work conditions, including on social media. If an employee’s social media post regarding Charlie Kirk’s assassination references anything related to working conditions—such as a political position regarding unions, payment of fair wages, rights of foreign nationals to employment, etc.—employers should avoid any adverse action against the employee.

State Law Protections in Louisiana

• Political Activity Protections: Many states have statutes that protect certain political rights of employees. For example, in Louisiana, La. R.S. § 23:961 prohibits employers from interfering with employees’ political activities, including becoming a candidate for public office or supporting a candidate. While this statute does not explicitly address social media commentary, adverse action tied directly to “political activities” may be risky. While this law is not used often, employers should be aware of its protections prior to taking any action.

Operational Disruption and Reputational Harm

• Employers may justify discipline if speech disrupts the workplace, undermines business operations, or damages customer and community relationships—provided that such discipline does not also constitute a legal violation.

Employer Policies and Codes of Conduct

• Written, consistently enforced policies on employee conduct and social media use are a strong defense to claims of unfair treatment.

• For example—and one are where employers should certainly take action—is if employees regardless of political spectrum or position are making social media posts promoting or calling for violence against people, which is likely against the employers’ workplace violence policy even if done “off-duty.”

• Employers should avoid vague or inconsistently applied standards.

Have social media and conduct policies reviewed and updated to ensure legality

Train HR and supervisors to apply rules consistently and document decisions.

Distinguish carefully between public-sector and private-sector employees.

Assess the context of any possible objectionable speech: on-duty vs. off-duty, private citizen vs. employee role.

Consider reputational and operational impacts alongside legal risk.

Consult legal counsel before taking action in high-profile or controversial cases.

First Amendment / Free Speech (Public Employees Only)

• Applies to government workers everywhere in the U.S.

• Courts balance employee free speech rights against the government employer’s operational interests.

• The First Amendment generally does not restrict private employers.

At-Will Employment in the Private Sector

• Many states, including Louisiana, have “at will” employment, meaning employees can generally be terminated for any reason or no reason. However, crucial caveats to at-will employment are that an employer cannot terminate an employee for illegal reasons (such as discrimination, harassment, or employee participation in a protected activity) not if the termination violates a contract.

Federal Anti-Discrimination Laws

• Employers should not take any action that is discriminatory in nature, including any action that would disproportionately target individuals of a specific legally protected characteristic or who engage in a legally protected activity—including race, national origin, sex, gender, sexual orientation, gender identity, or religion.

• For example, if an employee’s social media post regarding the assassination of Charlie Kirk includes a reference to either Charlie Kirk’s or their position on a political issue that references a protected characteristic—such as immigration policy; diversity, equity, and inclusion and affirmative action; abortion; religious rights; Black Lives Matter—employers can consider whether such action could be construed as discriminatory.

Protections for discussing wages, benefits, and work conditions

• The National Labor Relations Act protects employees’ rights to discuss wages, benefits, and work conditions, including on social media. If an employee’s social media post regarding Charlie Kirk’s assassination references anything related to working conditions—such as a political position regarding unions, payment of fair wages, rights of foreign nationals to employment, etc.—employers should avoid any adverse action against the employee.

State Law Protections in Louisiana

• Political Activity Protections: Many states have statutes that protect certain political rights of employees. For example, in Louisiana, La. R.S. § 23:961 prohibits employers from interfering with employees’ political activities, including becoming a candidate for public office or supporting a candidate. While this statute does not explicitly address social media commentary, adverse action tied directly to “political activities” may be risky. While this law is not used often, employers should be aware of its protections prior to taking any action.

Operational Disruption and Reputational Harm

• Employers may justify discipline if speech disrupts the workplace, undermines business operations, or damages customer and community relationships—provided that such discipline does not also constitute a legal violation.

Employer Policies and Codes of Conduct

• Written, consistently enforced policies on employee conduct and social media use are a strong defense to claims of unfair treatment.

• For example—and one are where employers should certainly take action—is if employees regardless of political spectrum or position are making social media posts promoting or calling for violence against people, which is likely against the employers’ workplace violence policy even if done “off-duty.”

• Employers should avoid vague or inconsistently applied standards.

Have social media and conduct policies reviewed and updated to ensure legality

Train HR and supervisors to apply rules consistently and document decisions.

Distinguish carefully between public-sector and private-sector employees.

Assess the context of any possible objectionable speech: on-duty vs. off-duty, private citizen vs. employee role.

Consider reputational and operational impacts alongside legal risk.

Consult legal counsel before taking action in high-profile or controversial cases.

First Amendment / Free Speech (Public Employees Only)

• Applies to government workers everywhere in the U.S.

• Courts balance employee free speech rights against the government employer’s operational interests.

• The First Amendment generally does not restrict private employers.

At-Will Employment in the Private Sector

• Many states, including Louisiana, have “at will” employment, meaning employees can generally be terminated for any reason or no reason. However, crucial caveats to at-will employment are that an employer cannot terminate an employee for illegal reasons (such as discrimination, harassment, or employee participation in a protected activity) not if the termination violates a contract.

Federal Anti-Discrimination Laws

• Employers should not take any action that is discriminatory in nature, including any action that would disproportionately target individuals of a specific legally protected characteristic or who engage in a legally protected activity—including race, national origin, sex, gender, sexual orientation, gender identity, or religion.

• For example, if an employee’s social media post regarding the assassination of Charlie Kirk includes a reference to either Charlie Kirk’s or their position on a political issue that references a protected characteristic—such as immigration policy; diversity, equity, and inclusion and affirmative action; abortion; religious rights; Black Lives Matter—employers can consider whether such action could be construed as discriminatory.

Protections for discussing wages, benefits, and work conditions

• The National Labor Relations Act protects employees’ rights to discuss wages, benefits, and work conditions, including on social media. If an employee’s social media post regarding Charlie Kirk’s assassination references anything related to working conditions—such as a political position regarding unions, payment of fair wages, rights of foreign nationals to employment, etc.—employers should avoid any adverse action against the employee.

State Law Protections in Louisiana

• Political Activity Protections: Many states have statutes that protect certain political rights of employees. For example, in Louisiana, La. R.S. § 23:961 prohibits employers from interfering with employees’ political activities, including becoming a candidate for public office or supporting a candidate. While this statute does not explicitly address social media commentary, adverse action tied directly to “political activities” may be risky. While this law is not used often, employers should be aware of its protections prior to taking any action.

Operational Disruption and Reputational Harm

• Employers may justify discipline if speech disrupts the workplace, undermines business operations, or damages customer and community relationships—provided that such discipline does not also constitute a legal violation.

Employer Policies and Codes of Conduct

• Written, consistently enforced policies on employee conduct and social media use are a strong defense to claims of unfair treatment.

• For example—and one are where employers should certainly take action—is if employees regardless of political spectrum or position are making social media posts promoting or calling for violence against people, which is likely against the employers’ workplace violence policy even if done “off-duty.”

• Employers should avoid vague or inconsistently applied standards.

Have social media and conduct policies reviewed and updated to ensure legality

Train HR and supervisors to apply rules consistently and document decisions.

Distinguish carefully between public-sector and private-sector employees.

Assess the context of any possible objectionable speech: on-duty vs. off-duty, private citizen vs. employee role.

Consider reputational and operational impacts alongside legal risk.

Consult legal counsel before taking action in high-profile or controversial cases.

First Amendment / Free Speech (Public Employees Only)

• Applies to government workers everywhere in the U.S.

• Courts balance employee free speech rights against the government employer’s operational interests.

• The First Amendment generally does not restrict private employers.

At-Will Employment in the Private Sector

• Many states, including Louisiana, have “at will” employment, meaning employees can generally be terminated for any reason or no reason. However, crucial caveats to at-will employment are that an employer cannot terminate an employee for illegal reasons (such as discrimination, harassment, or employee participation in a protected activity) not if the termination violates a contract.

Federal Anti-Discrimination Laws

• Employers should not take any action that is discriminatory in nature, including any action that would disproportionately target individuals of a specific legally protected characteristic or who engage in a legally protected activity—including race, national origin, sex, gender, sexual orientation, gender identity, or religion.

• For example, if an employee’s social media post regarding the assassination of Charlie Kirk includes a reference to either Charlie Kirk’s or their position on a political issue that references a protected characteristic—such as immigration policy; diversity, equity, and inclusion and affirmative action; abortion; religious rights; Black Lives Matter—employers can consider whether such action could be construed as discriminatory.

Protections for discussing wages, benefits, and work conditions

• The National Labor Relations Act protects employees’ rights to discuss wages, benefits, and work conditions, including on social media. If an employee’s social media post regarding Charlie Kirk’s assassination references anything related to working conditions—such as a political position regarding unions, payment of fair wages, rights of foreign nationals to employment, etc.—employers should avoid any adverse action against the employee.

State Law Protections in Louisiana

• Political Activity Protections: Many states have statutes that protect certain political rights of employees. For example, in Louisiana, La. R.S. § 23:961 prohibits employers from interfering with employees’ political activities, including becoming a candidate for public office or supporting a candidate. While this statute does not explicitly address social media commentary, adverse action tied directly to “political activities” may be risky. While this law is not used often, employers should be aware of its protections prior to taking any action.

Operational Disruption and Reputational Harm

• Employers may justify discipline if speech disrupts the workplace, undermines business operations, or damages customer and community relationships—provided that such discipline does not also constitute a legal violation.

Employer Policies and Codes of Conduct

• Written, consistently enforced policies on employee conduct and social media use are a strong defense to claims of unfair treatment.

• For example—and one are where employers should certainly take action—is if employees regardless of political spectrum or position are making social media posts promoting or calling for violence against people, which is likely against the employers’ workplace violence policy even if done “off-duty.”

• Employers should avoid vague or inconsistently applied standards.

Have social media and conduct policies reviewed and updated to ensure legality

Train HR and supervisors to apply rules consistently and document decisions.

Distinguish carefully between public-sector and private-sector employees.

Assess the context of any possible objectionable speech: on-duty vs. off-duty, private citizen vs. employee role.

Consider reputational and operational impacts alongside legal risk.

Consult legal counsel before taking action in high-profile or controversial cases.