US Workers Lack Free Speech Protections on Palestine or Anything Else

Whether you’re speaking out on Palestine, supporting a union drive, or wearing the wrong shoes, at-will employment laws mean that your freedom of speech effectively stops at work, and your boss has the power to fire you.

New York University students hold Pro-Palestinian demonstration in US

A pro-Palestine protest at New York University, whose law school student body president had their job offer rescinded for issuing a statement of solidarity with Palestinians. (Fatih Aktas / Anadolu via Getty Images)


The Israeli strangulation and bombardment of Gaza has prompted waves of opposition across the world, with rallies in support of Palestine from Jakarta to Caracas and everywhere in between. In the West, where our governments and other major institutions back Israel’s actions to the hilt, protesters’ free speech rights have been under attack. The governments of France, Germany, and the United Kingdom have each prohibited or limited demonstrations. Germany has banned rallies and even invoked the struggle against antisemitism to target Jews who dissent from the murderous policies of the self-proclaimed Jewish state.

Thanks to the First Amendment, the United States has faced much less of this problem of direct state suppression — though the battle is ongoing, with courts’ records on legalizing or banning actions related to boycott, divestment and sanctions of Israel producing mixed results thus far. But the First Amendment only protects against suppression of speech by the government: it offers no protection against private power.

And private power can marginalize dissent by threatening people’s livelihoods. Some employers have terminated their employees for social media posts expressing support for Palestine, and, in one well-publicized case, a corporate law firm rescinded a work offer to a law student.

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