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Facebook Posts vs. Protected Speech

FoxNews Radio Affiliates

November 10, 2010

Scott Vernick was interviewed regarding the National Labor Relations Board (NLRB) intervention on behalf of Dawnmarie Souza, an emergency medical technician fired for making disparaging remarks about her boss on Facebook. The NLRB contested that certain types of social networking banter should be protected speech. 

Souza was fired after she created a thread commenting on her boss that co-workers began responding to, making it a “concerted protected activity.”  The NLRB ruled the conversation was protected by a law allowing employees the right to discuss their workplace conditions.  The NLRB found no issue with the conversation taking place on Facebook.

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