The First Amendment is generally not implicated in private business, as it only applies to government actions. However, there are some exceptions, such as when private companies act in concert with the government.
The Firing at Tesla
Tesla fired manager Jared Ottmann after he criticized Elon Musk’s jokes about Nazis in a LinkedIn post. Ottmann, who worked with battery suppliers, was offended by Musk’s remarks following two Nazi-style salutes on January 20, 2025. Musk had tweeted jokes that referenced notorious Nazis, which many found inappropriate.
In his post, Ottmann expressed his disapproval and pointed out that he had raised concerns about Musk’s behavior multiple times since 2022. He noted Tesla’s silence amid the controversy, while Musk’s tweet received significant engagement. This incident highlights Musk’s intolerance for dissent at his companies, contrasting his claims of being a free-speech absolutist. Tesla has not commented on the firing.
Free Speech and the Workplace
This incident raises important questions about free speech and the workplace. While Ottmann was exercising his right to express his views, Tesla’s response sheds light on the complexities of employment in a private sector where criticism of leadership can lead to repercussions. It also underscores the tension between individual expression and corporate culture, particularly in companies led by high-profile figures like Musk, who (for example) often positions himself as a champion of free speech.
As the situation unfolds, it may prompt broader discussions regarding the limits of free speech in corporate environments and the potential need for clearer policies that protect employees who voice dissenting opinions against their leaders.
