The Ninth Circuit Court of Appeals held that the right to freedom of speech overrode the employer's rules. If you say you are prohibiting religious speech in order to follow the law to provide a harassment-free environment, the accused harasser may be able to argue successfully that the law violates his or her right to free speech. If, on the other hand, you say you are enforcing your policy, independent of any law, then the First Amendment is not implicated. The First Amendment implications of enforcing the anti-harassment laws are discussed in our Research Report . For case excerpts go here .
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