Legal Question in Civil Rights Law in District of Columbia

Re: Political-wear in the office

The answer to your question depends on many other variables, which are not contaned in your question. Generally, unless you have an employment contract, you may be an "at will" employee, who can be terminated for no reason or any reason. Even under the at-will employment situation, there are certain "public policy" and other exceptions which preclude permissible discharge. The constitution may not directly apply to a "private" institution, but there are civil rights laws which appy to certail civil rights to private entities. Also, if the University is a land-grant or accepts federal funds for example there may be certail 'strings' attached. Also the Univ. may be a Quazi-Governmental entity for certain purposes. I must say, even if the 1st Amdmt applied directly to the Univ. that does not permit an employee to express him/her self in a way that is disruptive to the business or if there is any obscenity, fighting words or language that may be offensive to the point or reasonably provokeing a violent or disruptive response. I have a case right not before the D.C Court of Appeals in which I am representing someone who attempted to change his name to Jesus Christ. The lower court wrote an opinion actually citing scripture and arguing that this would be offensive to others as it is "taking the lord's name in veign" etc. the Case Number is 03-cv-699, DC Court of Appeals.

N.B.: this is a general reply and is not intended to be relied upon as legal advice.

Re: Political-wear in the office

Generally, political speech is entitled to the greatest constitutional protection under the First Amendment.

However, your question is dependent upon whether you are an employee of a private organization or a public organization.

Generally speaking, the First Amendment is not thought to protect private-sector employees within the workplace. Under conventional jurisprudence, a private employer may fire a worker for expressing her political views, without raising First Amendment objections, because the private employer is not considered a state actor.

In contrast, if you work for a public university, public-sector employees have First Amendment protection from employer retaliation on the basis of their speech if their speech touches on matters of public concern. This is because public employers are considered state actors within traditional First Amendment doctrine.