I had an interesting phone call this morning that got me thinking about the state of freedom of speech in the United States.

While I acknowledge that certain limitations should, and do, apply to those freedoms commonly held as “fundamental,”[1] there was something about this phone call that I found troubling. The caller was a woman who had signed one of our online petitions (out of respect for her privacy I will not give any more details) and was requesting that her comments be removed. Apparently, her boss was not happy when he found out that she signed this particular petition and had been giving her trouble about it ever since. Now, I do not know anything about where she worked or who her boss was, so it is entirely possible that she was a federal or state employee and, as such, is prohibited by law from expressing political opinions in connection with her employment. However, if she is employed in the private sector, then I have some serious concerns.

It should not be the business of a person’s employer what political beliefs they have or what organizations they associate with outside of business hours. The act of signing a petition as a way to ensure that your voice is heard is one of the most basic ways for a person to get involved in the legislative process. The limitation of this right should not be infringed upon without a clear and substantial reason. To be clear, any infringement in this area should be rare and held to the highest level of scrutiny. Nearly every major corporation donates money to individual politicians and parties in order to gain influence. It is entirely hypocritical, and I would argue illegal, for these same employers to limit the ability of their employees to freely express their own political ideals.

Labor and trade unions are one of the most egregious violators of the principle of freedom of speech and association. Members join these organizations thinking that they will faithfully and vigorously represent their interests to management and in government. However, the vast majority of the dues paid by union members are used to advance leftist political causes and candidates without the consent of the individual members. Additionally, union bosses have recently been fighting for a bill commonly known as “Card Check.” These bosses claim that it would make it easier for workers to unionize and increase their rights in the employment process. However, the truth of the matter is that it would strip away the essential right to the private ballot. Currently, workers vote in secret as to whether or not they want to form a union. “Card Check” would allow union bosses to contact workers and ask them to sign a card that says they want to unionize. This would take away the right of the worker to make his or her own decision in the privacy of the ballot box and open up the process to pressure and intimidation.

Basic First Amendment rights, while not absolute, should not be ceded at the office door or surrendered to the will of the union. Personal determination is one of our most essential rights and should only be limited in the direst of circumstances. Employees should not have to disown their political beliefs simply because their employer may not hold the same beliefs. As long as the employee’s activities remain personal and separate from their role in the company, they should be able to freely express these ideals. Any attempt by a company or trade union to limit this right represents an unconstitutional and illegal infringement on freedom of speech.