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Freedom of Speech in the Workplace: When Employee Conduct Hurts Your Image


Understand the rights of free speech in the workplace and the legality of regulating speech in certain circumstances.

Receive a general overview of the balance imposed by the law on employees' First Amendment rights to free speech and an employer's right to regulate speech in the workplace. You will be taught the various tests that the court often looks toward and utilizes in evaluating speech in the workplace and the legality of regulating speech in certain circumstances and conditions. In particular, this material will address the regulation of speech as it appears in social media posts. The material will also define what speech is within the context of social media. The topic will then examine the efficacy and legality of social media policies that may be utilized and implemented in the workplace. Finally, it will review when an employer should consider crafting and implementing a social media policy within the workplace.



Frank M. Crivelli, Esq.

Frank M. Crivelli, Esq.

Crivelli, Barbati & DeRose L.L.C.

  • Shareholder with the law firm of Crivelli, Barbati & DeRose, L.L.C.
  • His primary practice revolves around the representation of employee labor unions in various capacities, including contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues that are litigated before state and federal trial courts, appellate courts, and administrative tribunals throughout the State of New Jersey
  • Legal career began with the United States Marine Corps as a Judge Advocate stationed at Camp Pendleton, California; as a Judge Advocate, he was selected as the lead military defense counsel in a nationally publicized wrongful death case that has since shaped United States domestic policy on the use of military personnel on America‚Äôs international borders for drug interdiction purposes
  • Founder of The New Jersey Public Safety Officers Law Blog (, a free electronic legal publication designed to keep New Jersey public safety officers up to date and informed about legal issues that affect their profession
  • Lectures nationally on legal issues and crisis communication that affect employees and employers in the workplace
  • Certified by the Supreme Court of New Jersey as a Civil Trial Attorney (2005 to present) and is admitted to practice law in the Federal and State Courts of New Jersey, Pennsylvania, and Georgia, as well as the United States Court of Appeals for the Armed Forces; he is New Jersey Court Approved Mediator (R 1:40-12) and an approved New Jersey State PBA Legal Protection Plan Attorney
  • Has been recognized as a Super Lawyer, Labor and Employment Law, New Jersey Monthly Magazine, 2009, 2010, 2020, 2021 and 2022
  • During his time on Active Duty with the United States Marine Corps he was awarded the USMC National Defense Service Medal, the USMC Navy/Marine Corps Achievement Medal, and the USMC Navy/Marine Corps Commendation Medal
  • J.D. degree, City University of New York School of Law; B.A. degree, Washington College; the United States Naval Justice School, and the Harvard Law School Program on Contract Negotiation

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