Political Speech in the Ministry Workplace: Is It Free?
In our divisive and often hostile political environment, and with a national election year approaching, are you concerned about the impact of politics and political conversations in your ministry workplace? (Aren’t we all?)
Do you wonder whether any effort by the organization to limit political dialogue will result in cries of “free speech?”
This is a complicated issue, but let me explain a few things. While the First Amendment of the US Constitution provides for freedom of speech, the amendment refers only to freedom of speech without interference by the government. In other words, the government cannot control what you say or punish you for saying it, other than in very limited circumstances. For example, if you incite a riot or threaten someone, the First Amendment does not protect you. In any event, a ministry is a private employer, not a governmental entity, so “freedom of speech” is not the best framework for thinking about this question.
The reality is that an employer has the ability, and sometimes the obligation, to place limitations on employee speech in or related to the workplace. Most employers, and certainly ministry employers, have a legitimate expectation that employees will avoid the use of racist and sexist language, profanity, and other workplace communications that may reasonably be experienced as harassment, create distractions or conflicts, or otherwise negatively impact the work environment or the employer’s reputation. There are some important exceptions to this right by an employer, but this is the basic idea.
To be clear, an employer cannot attempt to dictate the political viewpoints of its employees, but can limit political speech in the workplace if the restrictions relate to the purposes above, and are applied evenly to everyone.
If your ministry is concerned about distraction, conflict, or other negative impacts of excessive political speech and dialogue in the work environment (or if this is already happening), I suggest you consider the following approach:
Gather key leaders and have an open, candid discussion about the concerns and the impact (or potential impact) of excessive or hostile political dialogue or other political speech in the workplace. Also discuss the potential benefits of staff helping each other process current events in light of your organization’s values and the needs of your ministry community.
Solicit suggestions for appropriate “guardrails” to ensure that dialogue and sharing do not devolve into hostility, distraction, and unwelcome communication (i.e., an employee who consistently sends unwanted “links” to colleagues, or who consistently initiates political conversations that are unwelcome by others and distract from the work to be done).
If your organization has a large staff, consider a simple anonymous survey, which will allow employees to express concerns or raise questions about political speech at work.
Seek counsel or support if you need it, to ensure you are implementing proper, legal expectations.
Make sure your key leaders understand any particular expectations your organization has to avoid political influence in the ministry environment.
Ensure all staff understand expectations, and take prompt action if anyone fails to meet those expectations, before the situation escalates.
(Please note this post refers to political speech by INDIVIDUALS, not by the organization. If you have questions about political speech or actions by your ministry as an organization, I suggest seeking guidance from your denomination, insurer, a church attorney, or Christianity Today’s division of Church Law & Tax.)