First Amendment Protects Critical Speech Even Against CEOs in Public Incidents

Legal experts are reaffirming the broad protections of the First Amendment for critical and even offensive speech directed at public figures, including corporate executives. This discussion arises in the context of a recent incident involving a CEO and a child, which drew significant public attention. Ashkhen Kazaryan, a Research Fellow at the Independent Institute and an expert in constitutional law, highlighted this constitutional safeguard on social media. She stated, > "Not in America, here offensive comments about an asshole CEO who snatched a tennis cap from a kid are protected by the First Amendment 🇺🇸."

Kazaryan's tweet likely refers to an incident involving Piotr Szczerek, the CEO of Polish energy company Enea. Reports indicate that Szczerek was filmed snatching a hat from a child during a public event in September 2023. The video quickly went viral, sparking widespread outrage and prompting public apologies from Szczerek and Enea. The incident led to significant public discourse regarding the conduct of corporate leaders and the public's right to express strong opinions.

The First Amendment to the U.S. Constitution provides robust protection for freedom of speech, extending even to expressions that some individuals may find offensive or disagreeable. The Supreme Court has consistently ruled that speech cannot be suppressed simply because it is critical, unpopular, or harsh. This protection is particularly strong when the speech concerns public figures, such as CEOs of major companies, whose actions are often subject to public scrutiny.

For speech directed at a public figure to be considered unprotected defamation, it must meet a stringent legal standard known as "actual malice." This requires proof that the statement was made with knowledge of its falsity or with reckless disregard for whether it was true or false. Therefore, strong or offensive language, even if highly critical of a CEO's actions, typically remains protected under the First Amendment unless it crosses this high threshold.

Ashkhen Kazaryan, known for her expertise in constitutional law and free speech, frequently contributes to discussions on the application of legal principles to contemporary events. Her commentary underscores the foundational American legal principle that public criticism, even when sharp or impolite, is a protected form of expression. The incident involving CEO Szczerek and the subsequent public reaction serve as a clear example of how these constitutional protections apply in real-world scenarios.