Mini-Microsoft Shakes Things Up
Henry V .009 writes "BusinessWeek calls him Microsoft's Deep Throat. Although Steve Ballmer denies reading the blog, there are plenty at Microsoft who do. Mini-Microsoft says he wants to "slim down Microsoft into a lean, mean, efficient customer pleasing profit making machine." The user comment section of the site is the real gold: thousands of comments from Microsoft employees who tend to have a dim view about the company's recent evolution. And Microsoft may even be responding to all the internal criticism."
Grandparent is correct. Use a little common sense. If you hire me as a maid to clean your house, and you find out I'm telling others about how messy your house is, the crummy food in your refrigerator, etc., do you think your hands are tied because of the First Amendment, or do you think you can fire me and get a new maid?
Your example cites an invalid end-user license, not an invalid employment agreement. You have a right to free speech as a citizen, not as an employee of a company. If you work for me and I perceive you are detrimental to my company through your comments regarding my company, I have every right to fire you. Even in cases when the employer is a government entity, the Supreme Court has held that the entity is not obligated to be held hostage by the disruptive comments of an employee (who tries to hide under the First Amendment umbrella).