In the last column, I discussed constraints on speech when we are representing our employer. In general, any time we are on the job and representing our employer, we must be aware of our contractual obligations limiting freedom of expression as defined in our employment contracts. The other side of this obligation is that employers must be sure that their employment contracts are clear, explicit and fully within the law in formulating guidelines on speech by their employees.
The issue of constraints on speech becomes murkier when we consider private, non-work-related expressions of opinion. In general, employers have no right under law to restrict political, religious or even sexual activism (or activities) by their employees outside working hours and performed without the use of employer resources. However, any such activity must be carried out without in any way implying that the employer is involved in the activities.
For example, I am careful on my personal Web site’s Opinions page to include the disclaimer, “The opinions expressed in any of the writings on this Web site represent the author’s opinions and do not necessarily represent the opinions or positions of his employers, associates, colleagues, students, relatives, friends, enemies, cats, dog or plants.” Although I am proud to be a professor at Norwich University, the only place on my personal Web site where I use the Norwich University logo is a navigation page where I direct viewers to the courses I have taught at different institutions.
Employees who blatantly post identification of their employers on a private Web page are risking penalties even for relatively inoffensive materials; for example, Ellen Simonetti, a flight attendant for Delta Airlines, was fired in 2004 for posting pictures of herself in her uniform.
Academics are in a special position, since principles of academic freedom strongly constrain their administrations from inhibiting their speech on any topic. The American Association of University Professors (AAUP) has extensive guidelines about academic freedom and the administration of Norwich University has clearly formulated its policy in its Academic Memorandum No.3 which states in full:
The University endorses the American Association of University Professors’ 1940 statement on academic freedom and subscribes to the following principles:
a. Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
b. Teachers are entitled to freedom in the classroom in discussion of their subject but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.
c. College and University teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.
Active-duty, reserve and retired members of the U.S. military are subject to strict rules on what they may do in the political sphere when wearing a U.S. military uniform. Members of the U.S. military may, for example,
• Participate in political rallies when out of uniform;
• Contribute to the election process;
• Write letters to news organizations as long as “such action is not part of an organized letter-writing campaign or a solicitation of votes for or against a political party or partisan political cause or candidate.”
Examples of what active-duty military personnel in the U.S. are strictly forbidden to do politically include
• Solicit votes for a specific candidate or issue;
• Make public speeches in a partisan political activity;
• Solicit funds for partisan political objectives;
• Publish partisan political articles;
• March or ride in a partisan political parade.
Even as a uniformed member of the Vermont State Militia, which is a peculiar institution solely for full-time faculty at Norwich University, I am careful not to express political opinions in public while wearing the uniform; for example, when participating in a public demonstration expressing political views, I wear only civilian clothes. [There was one instance many years ago where I ran out of time before participating in a recorded debate about civil rights; unfortunately, I ended up rushing to the studio in uniform – and regret having done so.]
Next time, more guidance about employee/employer relations in connection with speech.
