contentious.com

Freedom of speech is a tricky thing, since speech and publishing (including blogging) can have all sorts of consequences. Whenever you’re concerned about possible consequences, that makes your speech a little less free. Reckless speech can cost you dearly. That tradeoff may not be ideal, but that’s life.

Yesterday, my good friend (and one of the smartest people I know) Dave Taylor tackled this thorny topic. See Who Owns Your Words, Blogger?

I mostly agree with Dave’s perspective on this. He wrote:

“If you believe that your place of employment ‘rents your brain’ for X hours each day, then it’s clear and obvious that when you aren’t at work, you can do whatever you want and write about whatever you want in a public forum, without the possibility of censure from your employer. If, on the other hand, you subscribe to the ‘I pay you, I own you’ philosophy, then your private time isn’t quite as private as you may think.

“I’m presenting this in a simplified fashion here for rhetorical purposes, but there are some serious legal issues that we’re touching upon. For example, if you work at a church but then attend pagan activities at night, can you be fired? If you believe that you can, then you’re falling into the ‘we own you’ camp, even if just a little bit.”

I think Dave’s right in terms of the objective way of looking at the issue. However, employment is a two-way street. Subjective perceptions on both sides matter – at least in terms of how the working relationship functions, if not in terms of absolute legality.

If you believe that your boss “rents your brain” for X hours, but you boss believes (consciously or not) “We own you,” well – there could be a problem…

Here’s the thing: As much as I’m an advocate for freedom of speech and the right to personal privacy, a harsh reality of the information age is that few aspects of one’s life can remain truly private – especially if you’re active in the online world.

I don’t think people should trust their employers or clients to not react if they discover an online posting you’ve made which appears to concern them directly or indirectly. As long as it’s out there in public, it doesn’t really matter whether you posted it on your time or theirs – it’s still out there. Ripple effects are inevitable.

If you blog about your work, or matters that your employer or clients would consider sensitive, expect repercussions. You may or may not get fired or reprimanded. You may or may not be directly confronted about it. But stuff can still happen – legally or not, ethically or not. It might just be a change of attitude, but it can still come back to haunt you.

So before you post, consider: Can you handle the fallout?

Yes, you’re free to say what you want (at least in much of the world) because the government probably won’t jail or execute you for your words. But governments aren’t the only power in our lives. Power takes many forms, and it has many tools at its disposal. Never forget that, and be responsible for what you say publicly.

So I guess I’m a bit more paranoid than Dave on this one. But if my years of self-employment have taught me anything, it’s how to speak up while still watching out for myself. Certainly, I speak up a great deal. But you’d better believe I do so carefully.