In recent years, employers’ attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability.

The U.S. Supreme Court recently upheld the right of the city of San Diego to fire a policeman for selling a video showing him stripping off his uniform and performing sexually explicit acts. City of San Diego v. Roe, 543 U.S. 77 (2004) The officer sold the video and police-related items online and identified himself as a San Diego policeman. The city’s police department notified the officer that he violated “department policies as to unbecoming conduct, immoral conduct and outside employment” and told him to stop selling the items. He refused, was terminated and sued, arguing that the city was violating his First Amendment right to free speech. The S...(register to read more)

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