How Does the NBA Manager’s Free Speech Rights Relate to Your Workplace?

 How Does the NBA Manager’s Free Speech Rights Relate to Your Workplace?

The China Debate: The NBA Rocket’s manager, Daryl Morey, created an international kerfuffle this week by tweeting (and then deleting) that we should “Fight for freedom. Stand with Hong Kong.”

While NBA Commissioner Adam Silver initially issued a statement that appeared to criticize the tweet, he later issued a clarification that said the league is not apologizing for Houston Rockets general manager Daryl Morey’s since-deleted tweet showing support for anti-government protesters in Hong Kong.

China blustered in response to the back-and-forth and then the sports arm of Chinese state broadcaster CCTV announced that it would stop broadcasting the NBA preseason games, even though NBA basketball is hugely popular in China and a significant source of revenue to the league. China threatened additional retaliation to come against the league.

The NBA Supports Free Speech: At a news conference, Silver announced that the league supported free speech and would not censor what managers, players or employees said. Contrast this response to the way the NFL has handled Colin Kaepernick’s “taking a knee” in support of the Black Lives Matter movement and the resulting debates.

Learn more by reading my articles on free speech at work.
How Do You Referee Free Speech Fights at Work?
Speech in the Workplace, Presidential Campaigns and What You Should Do

What About You? How does all this relate to how you manage your workplace? Many employees who are with private organizations are surprised to learn, that they do not generally have free speech rights at work. (The exception to this rule is public employees.) Employers can regulate speech, just as they regulate other kinds of workplace behavior. We all give up something in exchange for a paycheck and free speech rights at work are one of them. Harassment policies, statements against talking about politics at work and the like are all examples of limiting free speech at work. An exception to this rule would be if employees are engaged in “organizing activity”, speaking to each other about safety issues, labor contracts, pay or benefits. Under National Labor Relations Board rules, that activity is protected speech.

Outside of Work? If employees are exercising their free speech rights outside of work, however, the rules are different. Marching in a KKK parade, speech at a rally for gay rights, and posting on social media, are generally protected free speech and employees cannot be fired or disciplined for exercising these rights. The exception would be if employees are revealing confidential or trade secret information to the public.

What About Contractors, Temps and the Like? The same rules apply to workers in these categories. In theory, sports leagues can ban certain kinds of speech through specific contracts with managers, players and other associates. Contracts are governed by the language of the contract and are generally enforceable unless there is something that is illegal or against public policy in the agreement.

What Should You Do?

Educate: Make sure that your associates understand what the limits are of their free speech rights at work. Especially with the 2020 elections on the horizon, clashes are bound to occur and letting people know now would be wise.

Model: Make sure that your own speech is thoughtful and follows your organization’s policies on harassment, disclosure of confidential information and so on. If you believe that political debate at work can quickly degenerate into derogatory stereotypes about gender, race and so on, make sure that you follow your own rules.

What Do You Think?