Understand the rights of free speech in the workplace and the legality of regulating speech in certain circumstances.
Receive a general overview of the balance imposed by the law on employees' First Amendment rights to free speech and an employer's right to regulate speech in the workplace. You will be taught the various tests that the court often looks toward and utilizes in evaluating speech in the workplace and the legality of regulating speech in certain circumstances and conditions. In particular, this material will address the regulation of speech as it appears in social media posts. The material will also define what speech is within the context of social media. The topic will then examine the efficacy and legality of social media policies that may be utilized and implemented in the workplace. Finally, it will review when an employer should consider crafting and implementing a social media policy within the workplace.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Freedom of Speech
- First of All, Is It Speech?
- If It Is Speech, Can the Employer Censor It, and Can the Employee Be Disciplined for the Speech If It Is Not Made Within the Workplace?
- Does the Legality of the Regulation of Speech Matter If You Work for a Public as Compared to a Private Employer?
- If the Employer Is Censoring Speech, Does It Fall Into an Unprotected Category That Creates an Exemption?
What Is Social Media?
- Background and Overview of Social Media in the United States Today
- The Components, Rules, and Regulations of Social Media Policies That Try to Regulate Employee Speech
- What Is the Social Media Speech and Behavior That Public and Private Employers Try to Regulate?
Private and Public Employer's Right to Impose Consequences on Certain Speech
- Can a Private or Public Employer Take Disciplinary Action Against an Individual Employee for Their Speech?
- What Rules and Regulations May a Private Employer Impose on Employee Speech That Does Not Step Over the Line and Violate One's Constitutional Rights?
Employees' Rights to Free Speech
- Do Public Employees Truly Have a Right to Free Speech in or Outside of the Workplace?
- Do Employees That Work for Private Corporations Truly Have a Right to Free Speech in or Outside of the Workplace?
- The Protection of the First Amendment as Applied to Public and Private Employees in the Workplace
- What Are Statements Made by Employees in Their Official Capacity and May Such Statement Be Regulated?
- When Is Speech Considered to Be a Matter of Public Concern Which Is Thereby Protected?
- When Private Speech About a Matter of Public Concern Is Not Protected
- The Various Tests Employed by the Courts in Evaluating the Legality of Regulating Speech in the Workplace
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 16, 2021.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Frank M. Crivelli, Esq.
Crivelli, Barbati & DeRose L.L.C.
- Shareholder with the law firm of Crivelli, Barbati & DeRose, L.L.C.
- His primary practice revolves around the representation of employee labor unions in various capacities, including contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues that are litigated before state and federal trial courts, appellate courts, and administrative tribunals throughout the State of New Jersey
- Legal career began with the United States Marine Corps as a Judge Advocate stationed at Camp Pendleton, California; as a Judge Advocate, he was selected as the lead military defense counsel in a nationally publicized wrongful death case that has since shaped United States domestic policy on the use of military personnel on America’s international borders for drug interdiction purposes
- Founder of The New Jersey Public Safety Officers Law Blog (www.NJPublicsafetyofficers.com), a free electronic legal publication designed to keep New Jersey public safety officers up to date and informed about legal issues that affect their profession
- Lectures nationally on legal issues and crisis communication that affect employees and employers in the workplace
- Certified by the Supreme Court of New Jersey as a Civil Trial Attorney (2005 to present) and is admitted to practice law in the Federal and State Courts of New Jersey, Pennsylvania, and Georgia, as well as the United States Court of Appeals for the Armed Forces; he is New Jersey Court Approved Mediator (R 1:40-12) and an approved New Jersey State PBA Legal Protection Plan Attorney
- Has been recognized as a Super Lawyer, Labor and Employment Law, New Jersey Monthly Magazine, 2009, 2010, 2020, 2021 and 2022
- During his time on Active Duty with the United States Marine Corps he was awarded the USMC National Defense Service Medal, the USMC Navy/Marine Corps Achievement Medal, and the USMC Navy/Marine Corps Commendation Medal
- J.D. degree, City University of New York School of Law; B.A. degree, Washington College; the United States Naval Justice School, and the Harvard Law School Program on Contract Negotiation
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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