Establishing a Policy on Political Speech on Clothing for a Conservative Clothing Company

As a conservative clothing company, it is important to establish a policy on political speech on clothing to ensure that your employees are representing your brand in a way that aligns with your values. Here are some key considerations to keep in mind when creating your policy:

 

Employees Don't Have First Amendment Rights in the Private Workplace

According to [Vigilant.org][1], employees do not have First Amendment rights in the private workplace. As an employer, you have the discretion to prohibit political speech on clothing, as long as your policy is uniformly applied and consistently enforced. You should decide to what extent you’re going to police messages on workers’ clothing. The simplest approach may be an all-or-nothing stance, much like your non-solicitation policy.

 

The Venue and Context Matter

When it comes to government regulation of speech or expression through clothing, the venue and context matter. As [Syracuse.com][3] notes, public schools and prisons can dictate attire worn within their confines. Clothing, even lack of clothing, can constitute a vital form of speech and political protest. The political message of clothing and apparel transcends parties and politics.

 

Recent Supreme Court Decisions

Recent Supreme Court decisions have upheld the right to wear political apparel in certain contexts. In Minnesota Voters Alliance v. Mansky, the Supreme Court struck down Minnesota’s ban on wearing “political apparel” to vote. According to [MinnLawyer.com][2], the First Amendment overbreadth doctrine applies to Minnesota's polling-place apparel ban. This decision shows that fashion can make a strong political statement in the court of law.

 

Key Takeaways

- Employees do not have First Amendment rights in the private workplace.
- Every company should work to create a culture of inclusion and diversity.
- The venue and context matter when it comes to government regulation of speech or expression through clothing.
- Recent Supreme Court decisions have upheld the right to wear political apparel in certain contexts.

As a conservative clothing company, it is important to establish a policy on political speech on clothing that aligns with your values and is consistent with the law. By considering these key takeaways, you can create a policy that promotes a positive workplace culture while also protecting your brand.

Citations:
[1] https://www.vigilant.org/employment-law-blog/qa-establish-a-policy-on-political-speech-on-clothing
[2] https://minnlawyer.com/2018/04/11/qa-erick-kaardal-expounds-on-poll-apparel-case/
[3] https://www.syracuse.com/opinion/2018/07/clothing_protected_by_first_amendment_too_commentary_roy_s_gutterman.html
[4] https://ir.lawnet.fordham.edu/iplj/vol30/iss2/4/
[5] https://thehill.com/opinion/judiciary/392339-supreme-court-polling-place-dress-code-decision-is-victory-for-free-speech/
[6] https://www.amazon.com/Question-Authority-Speech-Political-Activism/dp/B0BLKT5KKW
[7] https://www.pewresearch.org/short-reads/2014/01/14/qa-with-author-of-u-mich-study-on-preferred-dress-for-women-in-muslim-countries/