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Free Speech in the Workplace

(Revised Edition)
Edited by Keith Fink

Coming Soon!

The anthology Free Speech in the Workplace is designed to be read in preparation for class discussions that focus on various aspects of workplace law. At the heart of the text lies the question of how first amendment rights of free speech can be applied to diverse workplace situations and diverse behaviors that while not strictly speech, still represent forms of individual expression.

The first chapter of the book addresses employment classification, specifically the difference between being an employee and being an individual contractor, and how this classification may determine a worker's right to speak freely.

Subsequent chapters explore specific aspects of the relationship between employment and individual rights. These include:

  • At-will employment
  • State action
  • Sexual harassment
  • Dress codes and grooming standards
  • Religious expression
  • Lifestyle discrimination
  • Loyalty oaths and subversive speech
  • Public employee speech

  • Each chapter includes hypothetical situations, loosely based on actual cases or real-world events, that give students the opportunity to reflect on and discuss how they might apply the law.

    Free Speech in the Workplace can be used in courses on employment law and constitutional law. It is also a useful supplement to courses on human resource management.

Keith Fink Keith Fink is an active trial lawyer, and the founder of the law firm Fink & Steinberg, which has offices in Los Angeles, San Francisco, and Macau. His legal practice focuses on employment and business litigation. He also serves as a professor at the University of California, Los Angeles and Southwestern Law School, and is a leading authority on harassment laws and free speech issues. Professor Fink is routinely retained to investigate sexual harassment complaints, to provide training on sexual harassment, and to speak on legal issues.

Other Cognella titles by Keith Fink: