You might have heard of the more than 145 workers who were terminated by their employers for making social media posts related to the assassination of conservative lightning rod Charlie Kirk in 2025. Or you may recall the off-duty cyclist who was swiftly fired after raising a middle finger to President Trump’s motorcade during his first term. But then there was the auto worker who insulted Trump during his visit to a Michigan auto plant in January 2026. Trump responded by mouthing an expletive to the man—twice—and presenting him his middle finger, before uttering one of his signature phrases: “You’re fired.” That worker, however, remains employed.
What does this all mean? Why are some employees fired while others retain their employment? What are the rules around what can and cannot be said or done at work—or while out on a bike ride? Free speech in the workplace continues to be a hot-button issue, and it’s also one that can be quite confusing. This is a brief, general guide to when employee speech is protected and when it is not, with a focus on some Illinois regulations.
Can My Private Sector Employer Discipline Me for Free Speech?
In most cases, yes.
A major point of confusion for many people is what constitutes “free speech.” The U.S. Constitution restrains the government from infringing upon various rights, including the right to free speech, but it does not necessarily apply to private employers.
In other words, with a few limited exceptions, employees in the private sector do not have free speech rights at work. Most private-sector employment is “at will” which means an employer may terminate an employee for almost any reason or no reason at all, so long as termination is not otherwise unlawful (e.g., discrimination based on a protected characteristic).
Employers have wide latitude to monitor and eliminate behavior that disrupts the workplace. This gives employers broad discretion to restrict an employee’s speech, including political speech, especially when it has potential to create distractions in the workplace.
What About Free Speech That Is Off Premises or “Off the Clock”?
It depends on state law and circumstances.
Some states have laws that protect certain types of off-duty conduct, including political activity. However, the majority of states do not provide these protections. Employers can discipline or terminate employees for statements made off workplace premises or after work hours—and that can include social media posts.
That said, Illinois offers a few state-specific protections to employees related to speech. The Illinois Right to Privacy in the Workplace Act prohibits employers from requesting, requiring, or coercing an employee to provide the employer access to the employee’s personal online accounts (including social media accounts). Further, the Illinois Worker Freedom of Speech Act states that employees cannot be disciplined or discharged for refusing to attend or participate in an employer-sponsored meeting regarding the employer’s view on religious or political matters. Although this does not provide a broad free-speech guarantee, it protects an employee’s right to opt out of employer-led communications about political and/or religious views.
Is Any Free Speech Protected for Private Sector Employees?
Yes.
The federal law known as the National Labor Relations Act (“NLRA”) provides employees with the right to engage in “concerted activity” in the workplace for their mutual aid or protection. In other words, the NRLA protects workers’ rights to discuss various aspects of their employment, such as wages and working conditions, as well as their right to unionize with other employees. Employers cannot discipline or terminate employees for engaging in protected concerted activity. Importantly, however, the NLRA only protects the speech of non-supervisory employees.
Employees are also protected when it comes to raising complaints about unlawful conduct, including discrimination, harassment, and safety violations. Discipline or termination in retaliation for reporting these concerns may violate federal or state law. For example, in Illinois it is illegal for an employer to retaliate against an employee for reporting conduct that the employee reasonably and in good faith believes is a violation of the Illinois Human Rights Act. Thus, an employee may have a legal claim if, for example, they reported sexual harassment or religious discrimination and were terminated for this report.
Similarly, the Illinois Whistleblower Act protects employees who disclose or threaten to disclose information related to an employer when the employee believes the activity, policy, or practice violates the law or poses a danger to employees, public health, or safety.
What If I’m a Government Employee?
Federal, state, and local government employees enjoy much more robust free speech protections than those in the private sector. This is because public sector workers are employed by the government, which is directly restrained by the Constitution, including by its First Amendment.
As a general rule, public employees can generally speak openly as private citizens on matters of public concern; however, there are limitations. Courts apply a balancing test to determine whether a public employee’s speech concerns a matter of public concern and how that speech impacts the employee’s job. For example, courts have recognized that an employee’s testimony at trial regarding government misconduct is clearly a matter of public concern.
These protections, however, have limits. When public employees speak in their official capacities they are not speaking as private citizens and, therefore, First Amendment protections do not apply. For instance, an elementary school teacher instructing students during school hours speaks in their official capacity and, therefore, in most instances the First Amendment would not entitle the teacher to advocate viewpoints that depart from adopted school curriculum.
Whether public employees can face discipline for their speech depends on the fact-specific circumstances of where and when the speech took place, what the speech was about, and the effect the speech had on the workplace.
As the use of social media increases and as politics continue to dominate conversations, employees would benefit from understanding the contours of what speech is and is not protected and how to act accordingly.
