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Understanding Free Speech Protections in the Workplace

Abstract representation of free speech in the workplace

Knoxville TN, September 19, 2025

News Summary

Legal experts in Knoxville are shedding light on the complexities of First Amendment protections, especially in the workplace. While government employees enjoy greater safeguards against speech suppression, private sector workers face varying restrictions. The recent federal lawsuit by two University of Tennessee students underscores the ongoing debate about free expression rights, particularly in educational settings. As organizations navigate these issues, a balance must be found between employee speech and organizational values.

Knoxville – Legal experts are clarifying that while the First Amendment protects the right to free speech, those protections do not always extend to the workplace. This distinction is critical for both government and private sector employees, as employers have varying degrees of authority in managing employee speech, especially when it conflicts with organizational values.

Knoxville attorney Don Bosch highlights that “government is the critical word” surrounding First Amendment protections. For government employees, there are generally stronger safeguards against suppression of free speech compared to their private-sector counterparts. This situation has triggered significant discussions, as many organizations reassess their expectations regarding employee conduct related to speech in both professional and external contexts.

Political science professor Mark O’Gorman elaborates that although individuals have a right to free speech, they risk facing employer action if their statements contradict the values upheld by their organization. In educational environments specifically, the complexity surrounding speech rights intensifies, as teachers may view classrooms as arenas for free expression.

In a related instance highlighting these tensions, two pro-Palestinian demonstrators from the University of Tennessee at Knoxville have filed a federal lawsuit claiming that their First Amendment rights were violated after being arrested during a vigil in 2024. The siblings, Hasan Husain and Layla Soliz, lodged their complaint on May 15, marking the one-year anniversary of their arrests against the Tennessee Board of Regents, UT trustees, and UT System President Randy Boyd.

During the pro-Palestine vigil, eleven demonstrators, including Husain and Soliz, were arrested and charged with trespassing. They were released without bail, asserting that their arrest was intended to intimidate peaceful demonstrators. The lawsuit claims that campus officials cannot impose restrictive hours on free expression, especially during emotionally charged events.

First Amendment experts assert that while public officials can place reasonable time, place, and manner restrictions on demonstrations, these must be consistent with constitutional protections. At the University of Tennessee, officials had set specific hours for demonstrations on the Student Union lawn, reserving the area from 7 a.m. to 10 p.m., which adjusted to summer operation hours starting May 15, 2024.

Demonstrators were warned by UT’s interim senior vice chancellor Allen Bolton to vacate the College of Law lawn, which had not been reserved, directing them to the designated Student Union area. Police commenced arrests after the set deadline for vacating the College of Law lawn had lapsed.

Various courts have upheld reasonable restrictions on the timing and placement of demonstrations as constitutional, emphasizing that such standards do not inherently violate First Amendment rights. Soliz has previous experience with legal recourse related to her arrest, having settled a separate lawsuit concerning the publication of her mugshot without her hijab, receiving $71,500 from the Knox County Sheriff’s Office. She continues to advocate for changes to ensure that women are not mandated to remove hijabs for mugshots.

FAQ

What does the First Amendment protect in the workplace?

The First Amendment protects Americans from government interference regarding free speech but does not necessarily extend to workplace environments, depending on the employer.

Who has stronger protections for free speech: government employees or private sector workers?

Government employees generally have stronger protections against suppression of free speech compared to private-sector workers.

What is the lawsuit filed by the University of Tennessee demonstrators about?

The lawsuit claims that the First Amendment rights of the demonstrators were violated when they were arrested during a pro-Palestine vigil, asserting that campus officials cannot impose restrictive hours on free expression.

Key Features

Feature Details
Context of First Amendment Protects against government interference; limited in private workplaces.
Employee Protections Government employees enjoy greater speech protections than private sector workers.
Lawsuit Overview File by University of Tennessee demonstrators claiming First Amendment violations during an arrest.
Nature of Arrests Demonstrators charged with trespassing; claimed arrests intimidated peaceful protests.

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Understanding Free Speech Protections in the Workplace

STAFF HERE KNOXVILLE WRITER
Author: STAFF HERE KNOXVILLE WRITER

The KNOXVILLE STAFF WRITER represents the experienced team at HEREKnoxville.com, your go-to source for actionable local news and information in Knoxville, Knox County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Dogwood Arts Festival, Big Ears Festival, and Knoxville Asian Festival. Our coverage extends to key organizations like the Knoxville Area Chamber Partnership and United Way of Greater Knoxville, plus leading businesses in healthcare, education, and energy that power the local economy such as Covenant Health, University of Tennessee, and Tennessee Valley Authority. As part of the broader HERE network, including HEREBristol.com, HEREChattanooga.com, HEREMemphis.com, and HERENashville.com, we provide comprehensive, credible insights into Tennessee's dynamic landscape.

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