“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal account. Can you discipline or even fire your employee over that tweet? That, in essence, is at the heart of an issue that has been circulating in the sports pages (and in the President’s press briefings) over the last week due to the tweets of ESPN Sportscenter Anchor Jemele Hill from her personal account that were critical of the President. The New York Times, in fact, ran a story on Saturday discussing the legal ramifications; it was nice to be quoted in the article. While that article does a good job of summarizing the law in part, there’s a bit more to the story that is useful exploring (however briefly) in a blog post. First off, people do not generally have a First Amendment protection for things that that they say that ...
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