Can you lose your job just for expressing your opinions? What about freedom of expression?

America has places where the First Amendment doesn’t seem to exist. Take work, for example. As explained here, if you express controversial opinions in a way that makes your boss look bad, you may be out of a job. But for some, there is hope. In certain situations, a civil rights attorney may be able to help you get your job or lost wages back.

Consider what happens when you or your loved ones participate in a speech on important social issues.

Imagine working in the warehouse or corporate office of a large company. You resent the statements of the leader of a national fast food chain. The CEO of the food chain thinks that marriage should only be between a man and a woman. You and your friends outside of work disagree. You join your friends and decide to attend a rally. You take out your camera and decide to make your own personal protest video.

You post your video online. There he is, expressing his views to the crowd, singing, holding signs, and celebrating his cause. You are excited. You are in the discussion.

And it surprises you when you get fired.

Your boss says it did not reflect the accepted behavior and values ​​of your corporate culture. You defend yourself by saying that you only talked about matters of public interest and left your company on the sidelines.

The boss responds, pointing out that his co-workers are against him. He says they agree that you should have been fired. You hear him share his opinion: You acted as a rude protest and this is not how your company does things.

But not satisfied with this reaction, he thinks about taking legal action. You want to know: Was your dismissal justified by law? Can your employer legally fire you for simply expressing your own unique point of view? Or does the First Amendment protect you if you speak your mind on matters of public concern?

Well the answer is: it depends on who you work for.

If you work for the government, the First Amendment protects your right to free speech. But if you work for a private company, the First Amendment does not apply.

Why? Because civil rights are protected only from government interference. Section 1983 of the United States Code gives every resident of the United States the right to sue any person who, “under the guise of law,” denies that resident any constitutional right. And so civil rights cases, also known as “1983” lawsuits, can only be brought against government employers. Private employers are free to fire employees who simply express their opinions in a way that makes the boss look bad.

Many are unaware of this strange wrinkle in the law. The constitution was only designed to protect us from the government. It was not designed to regulate disputes between ordinary citizens and their private employers.

The First Amendment is not a grant of power. It acts as a limit to government intrusion into our lives. So if your boss is the government (i.e. a public school, police department, state government agency, or agency within the federal government) and you are fired for making your own personal protest video and posting it online, remember: the law protects you. So if you decide to speak up and lose your government job, contact a civil rights attorney.