Public vs. Private Employers: First Amendment Application!

The recent Metro Nashville lawsuit, which resulted in a $1.8 million jury award to a demoted fire department captain, is a wake-up call for employers. The case highlights the risks of misinterpreting Amendment rights in employment decisions—a mistake that can cost businesses millions. This case also underscores the importance of clear workplace policies, particularly in an era where social media and free speech intersect with employment law.

So, what happened, and what can employers learn from it?

In 2020, Fire Captain Tracy Turner was demoted after making critical social media comments about Black Lives Matter protests. He filed a lawsuit, arguing that his First Amendment rights were violated because he was punished for expressing his personal views. The city offered a $105,000 settlement, but Metro Nashville Council rejected it, deciding to fight the case in court.

That decision backfired—spectacularly when a jury awarded Turner nearly $1.8 million! Yip, you read it right. A staggering $1.8 million.  

What do employers need to learn from this?  Well, I’m going to guess that the starting point is getting those policy documents to clearly define speech limitations for employees, especially regarding social media and public statements.

Government employers (public sector) must uphold First Amendment rights, meaning they cannot discipline employees for speech unless it disrupts workplace operations or violates policies. Private employers, on the other hand, have much more control over workplace speech—look at that there is a positive to being an employer! But that control only works if there is a written policy in place that is clear, consistently applied, and legally sound.

Now the First Amendment got all the attention in this case, but did you know there are five other constitutional rights that can impact employers? That’s right—your workplace policies might be walking a legal tightrope without you even realizing it.

At Lomond Legal, we make sure businesses aren’t caught off guard. Whether it’s drafting bulletproof employment policies on speech, social media, and workplace conduct, or advising on risk management and legal disputes, we help you stay two steps ahead of trouble.

If you’re facing a wrongful termination claim or a free speech-related lawsuit, don’t panic—we defend businesses against these issues daily. But here’s the real question: Does your business have a clear policy on employee speech? If not, now’s the time to fix that—before you’re dealing with a legal fire drill.

Let’s get your workplace policies in order before they become a problem. Email us contact@lomondlegal.com today and let’s make sure your business is protected the right way.