Employee Blogs: Protected Speech Or Grounds For Discharge?

Abstract

Posting and reading blogs is one of the fastest growing uses of the Web.  Blogging gives an ordinary person the ability to have a conversation with a wide audience.  Dozens of employee-bloggers have been “dooced” (terminated) for exercising what they consider to be their First Amendment right to free speech.  An important legal issue with significant implications for both employers and employees is to what extent are employee blogs a form of protected speech.  The First Amendment, employment at will, and laws protecting employee speech are discussed.  Suggestions are made for procedures employees should follow to safely blog.