Free expression in the workplace: Does the public-private distinction matter?

This article presents an argument for a judicial approach to ward employee free speech cases that would afford private sector employees substantially greater free speech protection. The argument proceeds first by examining a recent case,Novosel v. Nationwide Insurance Company, which if followed widely as precedent would make the public-private distinction much less important in employee free speech cases. This examination results in a strong endorsement of theNovosel decision. A clear statement of the reasons for the endorsement, however, takes one far beyond the opinion of the court into an analysis of the conditions under which courts may rely upon public policy as a basis for decision.