Workplace Harassment and the First Amendment: A Reply to Professor Volokh

David Benjamin Oppenheimer
When the government assesses damages against an employer based on the speech of the employer's employees, the employer is entitled to the protections of the First Amendment to the United States Constitution. On this proposition Professor Volokh and I are in complete agreement. We disagree, however, on the question of whether current developments in the law of workplace harassment conflict with the right of free speech. As he has eloquently stated, he believes that recent decisions under Title
more » ... I of the 1964 Civil Rights Act' threaten our Constitutional right to be free from state interference with the expression of ideas. 2
doi:10.15779/z380624 fatcat:ts3645gcs5diti6bhdd5lshtie