Limits of Freedom of Speech on the Job.
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To what extent do employees retain the right of freedom of speech on the job? Off the job? What about freedom of expression? Are there limits to employee's rights to freedom of expression on or off the job? Explain and give examples.
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The solution discusses the limits of freedom of speech on the job.
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Freedom of speech on the job
To what extent do employees retain the right of freedom of speech on the job? Off the job?
Freedom of speech is not absolute. There are limits to it. Depending what the job one has, curtailment of the freedom of speech is sometimes encouraged.
The workplace, specially unionized one, may abide by the "law of the shop". Estlund (1995) explained that the "law of the shop includes regulation of speech. Employers might seek to prohibit or suppress speech that helps to enforce external regulatory norms and that threatens the firm with outside scrutiny or sanctions".
Estlund describes freedom of speech in the workplace as the freedom to speak out at or about the workplace free from the threat of discharge or serious discipline (Barry, 2009).
Carcano (2010) noted that "public employees such as emergency medical providers can be subjected to discipline for what they say either on or off the job... as a result of confidentiality laws, our ability to speak about patient information is significantly curtailed. This is done for obvious reasons: personal privacy is more important than free speech. Legislation has been enacted to protect the personal medical history, treatment, and other biographical information about the ...
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