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A Social Media Policy

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There are a number of governmental policies and regulations in place for employers to consider when developing, implementing and enforcing a social media policy. In contrast, the lack of a social media policy leaves an employer at a loss in regards to their avenues of disciplinary action towards employees who take to social media. The governmental policies revolve around the Constitutional right of the First Amendment and the freedom of speech. While this provides some protection for employees there are limitations and exclusions that resulted in the National Labor Relations Board stepping in and providing opinions for the legality of employer disciplinary actions regarding social media content and participation.
Freedom of Speech
The use of the First Amendment right to the freedom of speech is not applicable to all employees. Carson (2014) clarifies this protection is assigned to public employees only (p. 485). However, there are additional limitations to this protection for these public employees. The protection is only afforded when the statements made by a public employee meet specific criteria. As defined by Carson (2014), the criteria, using the Pickering-Connick test, as follows:
A. The speech must be intended to address a matter of public concern that outweighs the employer’s interest.
B. An employer speaking to their official duties are not protected (p. 485).
The protection of public employees is limited under the First Amendment in regards to workplace

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