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Montana: New Free Speech Protections - HR ALERTS

Updated: Nov 6, 2023

Montana: New Free Speech Protections

HR Alerts : Vida HR Knowledge Center

Effective October 1st, Montana has passed new free speech protections. The law does not define free speech; employers can expect the law to cover protected speech as defined in the Constitution. These changes apply to all employers, regardless of size.


Montana’s existing law about social media privacy with regards to employment has been changed. Employers are now prohibited from taking or threatening to take adverse action against applicants or employees for legal expressions of free speech on their personal social media accounts. This is unless such speech violates the employer’s written policy or the terms of the employee’s employment contract.


Montana has also amended their wrongful discharge law. Employers cannot terminate an employee solely for legal expressions of free speech in any forum. This protection does not apply if the employee is still in their probationary period.


For more information, the bill can be viewed here.

Get day-to-day updates on Montana New Free Speech Protections, visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).

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