Speech in the Workplace: An Explanatory Statement of the ALA Code of Ethics
This document is intended to provide general guidance for employees, administrators, governing authorities, and volunteers of libraries of all types regarding common questions about Speech in the Workplace, and is not intended as a comprehensive statement of requirements or legal advice. Legal counsel should be consulted for definitive guidance and for the approval of policy statements. All libraries should have board or administration-approved policies addressing speech in the workplace. It is the responsibility of all employees to be aware of and adhere to such policies. Employees should use professional judgment regarding speech in the workplace, including via social media platforms.
Through the Library Bill of Rights and its Interpretations, the American Library Association supports freedom of expression and the First Amendment in the strongest possible terms. However, the freedom of expression guaranteed by the First Amendment does not always apply to employee speech in the workplace. Since the relationship between employee and employer is a contractual one, employee speech is governed by the employment contract. It is the responsibility of the employer to have clear policies and procedures regarding expressions of viewpoints not necessarily in line with the employer, and it is the employee’s responsibility to be familiar with these policies and procedures. Note that speech may include more than just verbal statements. Speech may also include but not be limited to buttons, t-shirt slogans, posters, stickers or trending symbols of political or social activism.
The speech environment in a library as a workplace may vary according to the organizational hierarchy and an employee’s place in it, the organizational culture, and the personalities that make up that culture. It is your obligation to know the policies regarding what you are permitted to say professionally in that setting and to find out if there are restrictions on what you say in the workplace.
Related Case Law
As noted above, First Amendment protections for speech activities in the workplace are generally not available to employees of private companies or institutions. As one court explained, “the First Amendment free speech provision fails to establish public policy against terminations by private employers for speech-related activities because this provision applies only to government actions and expresses no public policy regarding terminations by private employers.”1 In George v. Pacific-CSC Work Furlough, the court noted that “the First Amendment protects individuals only against government, not private, infringements upon free speech rights.”2
In Pickering v. Board of Ed., the Supreme Court crafted a balancing test intended to protect the constitutional rights of an employee speaking as a citizen on matters of public concern while preserving the government employer’s interest in ensuring that its employees do not undermine its operations or interfere with the accomplishment of its objectives.3 In brief, if your speech addresses a matter of public concern, and does not interfere with your employer’s ability to provide public services or does not impair discipline or harmony in the workplace, the courts may side with you. Note, however, that the courts often give great deference to an employer’s conclusion that an employee’s speech has been disruptive or damaging.
In Garcetti v. Ceballos, the Supreme Court held that public employees who make statements pursuant to their official duties are not speaking as citizens for First Amendment purposes and may be disciplined by their employer for that speech.4
Financial Assistance
While the ALA does not provide mediation, direct financial aid, or legal aid in response to workplace disputes, ALA does administer the LeRoy C. Merritt Humanitarian Fund, which provides financial assistance for librarians who have been discriminated against or denied employment rights because they defended intellectual freedom including freedom of speech.5
Some state library associations offer professional liability insurance for members that can help with reimbursement of legal fees related to termination. Check with your state association to see if this is available to you.
(See the “Enforcement of the Code of Ethics Q&A” in part I, chapter 2 for a history of past efforts related to mediation.)
More Information
Questions about speech in the workplace can be directed to the Committee on Professional Ethics c/o the ALA Office for Intellectual Freedom by phone at (312) 280-4221 or by email at [email protected].
The National Whistleblower Center (NWC), a non-profit, tax-exempt, non-partisan organization, is the leading whistleblower legal advocacy organization with an almost 30-year history of protecting the right of individuals to report wrongdoing without fear of retaliation.6
Through the Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations.7 Rights afforded by these whistleblower protection laws include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness, or fatality, or reporting a violation of the statutes herein.
The American Institute of CPAs provides tips for staying professional on social media.8
Notes
1. Grinzi v. San Diego Hospice Corp., 120 Cal. App. 4th 72, 79 (2004).
2. George v. Pacific-CSC Work Furlough, 91 F.3d 1227 (1996).
3. Pickering v. Board of Ed. 391 U.S. 563 (1968).
4. Garcetti v. Ceballos, 547 U.S. 410 (2006).
5. “LeRoy C. Merritt Humanitarian Fund,” American Library Association, accessed July 25, 2025, ala.org/aboutala/affiliates/relatedgroups/merrittfund/merritthumanitarian
6. National Whistleblower Center, Whistleblower, accessed July 25, 2025, whistleblowers.org
7. U.S. Department of Labor, Whistleblower Protection Program, WhistleBlowers. gov, accessed July 25, 2025, whistleblowers.gov
8. Association of International Certified Professional Accountants (AICPA & CIMA), AICPA & CIMA, accessed July 25, 2025, aicpa-cima.com
9. Some of the citations in this statement have been moved into endnotes in this book.
Adopted by the Committee on Professional Ethics, July 2001; Amended January 2004, June 26, 2006, January 24, 2007, July 1, 2014; amended April 30, 2019; and amended March 25, 2025.9
