Legal Question in Technology Law in Illinois
Freedom of Speech-Email
I have been asked to remove 'God Bless AMerica' from
the signature of the emails I send. Is this legal?
I work in USA for a Japan-owned company.
3 Answers from Attorneys
Re: Freedom of Speech-Email
I completely agree with my fellow colleagues on the issues of free speech and the right of your employer to terminate you if you fail to comply (absent an employment agreement to the contrary). I would additionally add that most courts are in general agreement that an employer governs its own email system as well as its use by employees. In fact, courts have held that you do not even have a right to expect privacy in your emails when sent/received via your employer's email system.
Re: Freedom of Speech-Email
Freedom of speech is a constitutional guaranty against governmental interference with your free expression; it is NOT effective against private parties such as employers. If you violate your employer's directive against your continuing to use a motto in your signature block, you can be fired for insubordination (in fact, unless otherwise provided by contract, you can be fired for any reason or no reason in most states). Particularly in the case of your "official" work e-mail account, you will not get very far with protests that you have a right to free expression. I would suggest that you comply quickly and gracefully with your employer's instructions if you still want to be employed there.
Best wishes,
LDWG
Re: Freedom of Speech-Email
Ditto to Mr. Graves's advice to you.
While the Government may not unreasonably restrict free speech, private companies are not compelled to keep you as an employee. A Japanese company employee writing God Bless America on company emails will not be seen as an employee with good judgment nor as one with company loyalty and will stop or soon justifiably be history. You should not only change but should apologize for being inconsiderate. In the wake of 9-11 the company will probably totally forgive you if you promptly comply and exhibit appropriate contrition.