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16 Tex. Rev. L. & Pol. 295 (2011-2012)
Private Employees' Speech and Political Activity: Statutory Protection against Employer Retaliation

handle is hein.journals/trlp16 and id is 299 raw text is: PRIVATE EMPLOYEES' SPEECH AND POLITICAL ACTIVITY: STATUTORY PROTECTION AGAINST EMPLOYER RETALIATION EUGENE VOLOKH* I. INTRODUCTION ........................... ...... 297 II. THE STATUTES ................................. 302 A. Cross-Cutting Questions... ................... 302 1. Criminal Liability, Civil Liability, or Both? ....... 302 2. Coverage for Existing Employees or Also for Applicants? .................................. 302 3. Application Only to Established Polices, or Also to Individual Employment Decisions? ...... 303 4. Application Only to Threats, or Also to Employment Decisions Made Without Threats? ............................. 303 5. Off-the-Job Speech or All Speech? .... ...... 304 6. Implicit Exceptions for Speech and Political Activity That Sufficiently Undermines Employer Interests? .................... 304 7. What Is the Scope of Explicit Exceptions for Speech and Political Activity That Sufficiently Undermines Employer Interests? ..... .....306 8. Do General Bans on Threats Apply to Threats of Loss of Employment? ........... 308 B. Engaging in Any Off-Duty Lawful Activity-Colorado and North Dakota .................... ...... 309 C. Engaging in Activity That Doesn't Create Reasonable Job-Related Grounds for Dismissal-Montana............. 310 D. Exercising Rights Guaranteed by the First * Gary T. Schwartz Professor of Law, UCLA School of Law (volokh @law.ucla.edu); Academic Affiliate, Mayer, Brown LLP. Thanks to Charles Abernathy, Richard Carlson, Matt Finkin, and Charles Sullivan, and to Amy Atchison, June Kim, and Lynn McClelland of the UCLA Law Library for their invaluable research help.

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