Most employees in the United States are surprised to learn that the First Amendment doesn’t protect their free speech rights at work—at least not when their employer is a private company. That’s because the Constitution generally applies only to actions taken by the government, not private businesses. But Connecticut stands alone. It’s the only state in the country that gives employees of private companies constitutional-level protections for free speech.

This unique protection comes from Connecticut General Statutes § 31-51q, and it gives private-sector workers the right to speak out on matters of public concern without fear of retaliation from their employer. At Madsen, Prestley & Parenteau, LLC, we’ve been at the forefront of advancing these claims to protect employees like you—because your voice matters, even on the job.

How Connecticut Law Protects Free Speech in the Workplace

Under § 31-51q, employers—including private ones—can’t discipline or fire employees for exercising their rights under the First Amendment or the Connecticut Constitution. That means if you speak out on a matter of public concern and your speech is protected under the federal or State Constitution, and do so in a way that doesn’t interfere with your job performance, your employer can’t legally retaliate against you.

Here’s what the statute generally protects:

• Speech made by an employee as a private citizen
• Speech that addresses a public concern (something beyond personal grievances or internal complaints)
• Speech that doesn’t interfere substantially with the employee’s job or the employer’s business
• Speech that, if made pursuant to an employee’s official job duties, relates to serious wrongdoing, official dishonesty, deliberately unconstitutional conduct, or threats to health and safety.

Let’s be clear: this doesn’t mean anything you say is protected. If you make defamatory statements, disclose confidential company information, or harass others under the guise of “free speech,” you can still face consequences. But if you, for example, speak out at a town hall about environmental violations, criticize political decisions on your personal social media, or advocate for public policy changes—and you do so as a private citizen—Connecticut law may protect you.

This is where context matters, and that’s why legal guidance is essential in these situations.

What Counts as a Matter of Public Concern?

To be protected speech, the speech must relate to matters of public concern. Courts have interpreted this to mean speech that relates to political, social, or community issues. That’s different from complaints about your individual supervisor or disputes about your pay (although those might be protected under other laws, like whistleblower protections or wage laws).

Examples of public concern could include:

• Testifying before a government body about local issues
• Writing an op-ed about housing affordability or school policies
• Posting on your personal blog about public health policies
• Speaking out against discrimination or abuse by public officials or institutions

On the other hand, if you post on Facebook that your boss is a jerk or complain about your performance review, that likely won’t cut it. The speech must contribute to a broader social dialogue—not just your personal frustration.

It’s also important that you speak as a private citizen, not in your official capacity as an employee. For example, if your job is public relations and you make a public statement on behalf of your employer, that’s not personal speech. But if you do it off-the-clock and on your own time, you may be covered.

There’s also a balancing test involved. If your speech disrupts the workplace or significantly undermines your employer’s operations, your protections may not hold. Courts weigh your right to speak against the employer’s right to operate efficiently.

We've Helped Shape the Law on Free Speech Rights in Connecticut

Madsen, Prestley & Parenteau, LLC isn’t just any law firm—we’ve played a leading role in advancing employee rights under § 31-51q. Our attorneys have brought claims under this statute and successfully fought to hold employers accountable when they punish workers for speaking out.

We’ve seen firsthand how powerful this law can be when used correctly. From defending whistleblowers who exposed safety violations to protecting workers who faced retaliation after calling out discrimination, we know what it takes to build a strong case under this unique Connecticut statute.

Bringing a claim under § 31-51q is not easy. You need to prove that your speech was protected, that your employer retaliated against you because of it, and that your speech didn’t interfere with your job. That’s a high bar—but it’s one we know how to clear.

Your Voice Matters—And It’s Worth Protecting

Connecticut’s constitutional free speech protections for private employees are rare—but real. If your employer has retaliated against you for speaking out on a matter of public concern, you may have legal options that employees in other states simply don’t.

But timing matters. These claims are often fact-intensive and time-sensitive, and employers will do everything they can to argue your speech wasn’t protected. That’s why you need legal support from a firm that understands the nuances of Connecticut’s free speech law—and has been instrumental in shaping how that law is applied.

If you’ve been punished, fired, or otherwise retaliated against for speaking your mind, don’t stay silent. The attorneys at Madsen, Prestley & Parenteau, LLC has helped Connecticut employees stand up, speak out, and push back against unlawful retaliation.

Call us at 860-246-2466 or reach out online to schedule a consultation. Your voice deserves to be protected.