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The opinions expressed in this column are those of the author, a correspondent for Reuters.
In the cancel-culture wars over freedom of speech in the U.S. workplace, a truce is taking shape at some employers.
At least four public companies, including Mastercard (MA.N), Regions Financial (RF.N) and Entergy (ETR.N), have tweaked their codes of conduct to give employees more space to express themselves such as on social media, according to executives, investors and disclosures seen by Reuters.
The new policies, reported here for the first time, vary. They do not prohibit the company from disciplining workers for comments deemed unacceptable, especially about fraught topics like the U.S. war with Iran or transgender rights.
The companies made the changes at the request of a Christian investment firm that says it wants to protect employees' religious and viewpoint expression such as posting Bible verses or questioning corporate diversity initiatives.
Some first amendment advocates say the new approach also signals a welcome neutral stance from company leaders and human resources managers in an era when executives wield great power over their workers. Hundreds of employees faced consequences for their messages after the killing of conservativeinfluencer Charlie Kirk, for instance, and many had similar experiences after posting on topics like Black Lives Matter.
"The changes reflect a recognition that employees have lives outside of work that may include participation in public debate and discussion, including on social media," said Aaron Terr, director of public advocacy for the Foundation for Individual Rights and Expression. Once seen as conservative-leaning, the Philadelphia-based foundation lately has taken public stances against restrictions pushed by President Donald Trump's administration against universities, news organizations and other institutions.
Tim Schwarzenberger, portfolio manager for Inspire Investing, the largest provider of Christian-oriented ETFs and a promoter of conservative values, said it was not hard to convince executives to alter their wording.
He said the changes reflect "something of a détente. Over the past few years, companies were increasingly pulled into cultural and political disputes, and what we’re seeing now is a shift back toward neutrality."
WHAT IS RUDE?
Conservative-leaning shareholder activists and influencers have convinced various companies to drop diversity efforts, even though many of the conservatives' ideas win little support when put to votes at shareholder meetings.
Schwarzenberger said all four companies his firm approached about their speech codes seemed receptive to changes. These include new social media guidance at Alabama-based Regions Financial that strikes language cautioning employees against "unprofessional or rude conduct" on personal accounts.
Schwarzenberger said the vague wording gave managers too much leeway to police views.
A Regions representative said that through discussions with Inspire, "we have been able to reinforce our longstanding commitment to building a culture of fairness, respect, and inclusion for all of our stakeholders, regardless of their beliefs or viewpoints.”
In another case, New Orleans-based utility Entergy still prohibits "inflammatory or divisive statements posted on social media" but now adds that the company "does not limit the civil and respectful expression of religious or political beliefs."
An Entergy spokesman said the new language "is reasonable and does not represent a change in our approach or practice."
In a third case, a Tractor Supply (TSCO.O) representative confirmed Schwarzenberger's account that the retailer will more clearly define inappropriate conduct in its code.
Schwarzenberger also said Mastercard (MA.N) executives told him it expects to revise its code of conduct to say it "respects each employee’s personal opinions and their right to engage in social, professional, religious and political dialogue outside of work, including on personal social media accounts."
Mastercard representatives did not respond to questions. None of the companies made executives available to discuss how the new policies might relate to workers who weigh in on charged events like the No Kings rallies against Trump, or the president's social media sparring with Pope Leo.
FIRST AMENDMENT LIMITS
Traditionally the free speech rights of the U.S. Constitution's first amendment do not apply to private enterprise, although workers have rights to discuss things like pay or working conditions.
Lily Kurland, a Washington, D.C., employment lawyer for BCLP LLP, said a variety of state and local rules may also apply like those known as "off-duty conduct laws."
"This isn't a one-size-fits-all analysis," she said.
Many Republican politicians say that in embracing diversity efforts especially around 2020, companies infringed on free speech or other values. Last July the U.S. Equal Employment Opportunity Commission, led by a Trump appointee, sued a Wisconsin ski resort for allegedly firing a Christian employee over Bible verses posted on his personal social media account.
The resort's operators have denied wrongdoing. An attorney for the resort declined to comment.
Schwarzenberger said he does not foresee the new corporate policies enabling anything-goes employee speech. After the death of Kirk, a number of Delta Air Lines (DAL.N) employees made comments that stood in "stark contrast" to its values and violated its social media policy, its CEO Ed Bastian said at the time.
One pilot reportedly posted about Kirk's death: "Karma. I'm torn between decrying political violence, and celebrating a dead nazi."
Asked about that example and others, Schwarzenberger said while he didn't know all the details, "they appear on their face to be celebrating violence, some more explicitly than others. As a result, I think the company is on reasonable ground to act." In a recent blog post he praised Delta on other matters such as its support for faith-based employee resource groups.
A Delta spokesman declined to comment.
