As I mentioned earlier this week, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for and against such statutes. The article (Should the Law Limit Private-Employer-Imposed Speech Restrictions?) will be published later this year in a Journal of Free Speech Law symposium issue, together with other articles that stemmed from an Arizona State symposium on Non-Governmental Restrictions on Free Speech; and this week and next I'd like to serialize it here.
Tuesday and Wednesday, I blogged the Introduction and the beginning of the argument in favor of such statutes; today, I continue discussing some arguments against such statutes (and you can see the whole article right now, if you'd like, by looking at the PDF).
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