Bad Judges: Why Companies Should Not Police Employees’ Extramural Speech

Many businesses police employees’ extramural political speech and beliefs. They refuse to hire potential employees or will fire and blackball current employees for what they say and believe about politics. This paper argues that business managers should, with a few narrow exceptions, forbear from doing so. It grants that some political speech and beliefs, such as racist speech, can indeed be wrongful and presumptive grounds for disassociating with others. However, I argue that we cannot even in principle, even roughly, determine what makes some beliefs bad enough to merit such blackballing. Further, I argue that people in general, and business managers in particular, are likely to be unreliable in practice in assessing which speech or beliefs are unacceptable. Accordingly, businesses should forbear from policing speech because they are likely to be incompetent and unreliable at such policing.