Sure, but you can also understand how your speech and other actions outside of work, while not prohibited by law, could also create a conflict with your employe

Sure, but you can also understand how your speech and other actions outside of work, while not prohibited by law, could also create a conflict with your employer (whether it's because you pissed off a bunch of customers or shareholders or went around posting things online that could harm your employer's reputation or business). In such a case, would it not be your employer's right to terminate your employment? I'll give a hamfisted example: Let's say I work for "E Corp". I also have very strong opinions on interracial marriage. In my opinion, people of different ethnic backgrounds shouldn't mix because it pollutes the gene pool of "superior" races. Now let's say I start a blog where I regularly post essays and editorials which describe my opinions and I critique various media and public figures based on their adherence to my worldview. One day, after a particularly impassioned post, my blog is noticed by a columnist at the New York Times who writes an opinion piece on modern day race relations. The public debate quickly spreads and soon my blog and opinions are being condemned by millions (and praised by several as well). Now, E Corp knows I'm one of their employees and despite what you may have heard, the executive board is actually a pretty level-headed bunch. They typically seek to maximize profits but draw the line when it comes to things that make the company look bad or could hurt their public image. In fact, the CEO is currently the spokesman for a well-known minority rights group. Now, while the state cannot force me to take down my blog, no matter how unpopular the opinions posted there may be, they also cannot force E Corp to keep me (a non-contracted employee) on the payroll. In fact, many public figures have stated their opinion that in keeping me on staff, they're essentially saying that they're OK with my opinions. Can the state compel E Corp to keep me as an employee since I make my blog posts outside of work? Would that not be compelling E Corp to make the statement that my publicly broadcast opinions are OK? They may not be illegal but I'd wager that just as The Man can't shut down my blog for being unpopular or "offensive" to many, they also can't force my employer to make a statement by standing with me.