BY: Laurie A. McCarthy, Esquire
lmccarthy@markaserenilaw.com
Political speech is becoming a frequent source of workplace disputes, especially as employees increasingly share their views on social media. Many employees assume the First Amendment protects them from discipline based on their political opinions. In the private sector, however, that is generally not the case.
Employers often have the right to discipline employees whose speech violates workplace policies, disrupts operations, or undermines business interests. The challenge is determining when political expression crosses that line.
Recent cases reflect this tension. In 2025, the Eighth Circuit sided with Home Depot after the company prohibited an employee from displaying a “Black Lives Matter” message at work, finding that the employer had legitimate business reasons for enforcing its policy.
Similarly, in In re Judge Mark B. Cohen, the Pennsylvania Supreme Court upheld discipline against a Philadelphia judge for repeatedly posting partisan political content on Facebook, emphasizing that an organization’s interest in maintaining public trust can justify limits on political expression in certain contexts.
For employers, the lesson is straightforward: maintain clear workplace and social media policies and apply them consistently. For employees, political speech, whether made at work or online, is not automatically protected from employer discipline.
As courts continue to address disputes involving social media activity, political advocacy, and workplace conduct, employers should regularly review their policies to ensure they keep pace with evolving legal standards. Careful policy drafting and consistent enforcement remain the best tools for minimizing risk in this rapidly developing area of employment law.
The Law Firm of Mark A. Sereni, PLLC
The Law Firm of Mark A. Sereni, PLLC is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.markaserenilaw.com or contact Laurie A. McCarthy at 610-565-5700 or at lmccarthy@markasereni.com.
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