Why is blogging about work such a legal issue?

Question

I don't understand because we have freedom of speech in the US and it's not like I sign a contract saying that I won't discuss the company's inner workings. Anyway, it's a form of speech and I don't see how large companies can censor us like that.

Answer 1

Freedom of speech doesn't mean you can just say anything to anyone at any time.  The classic example, of course, is that it doesn't give you the right to yell "FIRE" in a crowded theater.  You can be sued if you lie about someone and it causes them damages.  

You might have heard the sentence "your right to swing your arms ends where my nose begins" - if you are damaging someone then you don't have the "right"

And in most US states, you are an employee at will and your employer can fire you, with no warning, for no reason at all. If that happens, don't think that your "freedom of speech" is going to save you.

Answer 2

Because the first amendment protects people from the GOVERNMENT impairing their right to free speech.  The first amendment has absolutely NOTHING to do with private citizens or corporations.  The bottom line is that if you do something in your private life, including blogging, that your employer discovers and doesn't like, your employer can fire you.

It's happening all the time and it's perfectly legal.

Answer 3

there are some rules that out there when you work that  you do NOT have to sign a contract saying you will not do..  and talking about the inner workings of your company is one of them..

freedom of speech is not an absolute.

Answer 4

Well, they can, and now they are even checking people out before they hire them by looking at myspace and facebook pages.

I have been critical of numerous instances of stupidity at one of my previous jobs and it was brought up at an employee meeting and I was singled out for rebuke in front of everybody. Since I left that position comments I posted on the Internet were taken out of context as proof of my continuing evilness.

Answer 5

It boils down to simple ethics. It is not considered professional to post company trade secrets as public knowledge. Nor, is it acceptable to blast a co-worker on the internet, just because you cannot conduct yourselves professionally.

Issy

Answer 6

This is a hot new area of employment law and it has to do with privacy rights - yours vs. the company's.  Employees who join a company are assumed under the law to have a "general duty" to be loyal to their employer.  After all, they are getting a paycheck, and they have the right to leave if they are unhappy.

Talking about the employer while you are employed with them can not only reveal confidential information and trade secrets, but can provide competitors with information they can use to undermine the company.