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> preventing a question from being asked is state overreach and constitutes a violation of the first amendment, in my opinion. IANAL, but asking about salary a
by ramblenode 10y ago
> preventing a question from being asked is state overreach and constitutes a violation of the first amendment, in my opinion.
IANAL, but asking about salary as part of an interview seems likely to fall under commercial speech.
> Commercial speech, such as advertisments, has been ruled by the Supreme Court to be entitled to less protection under the First Amendment than noncommerical speech. [0]
[0] https://www.law.cornell.edu/wex/commercial_speech https://www.law.cornell.edu/wex/commercial_speech
- lend000 10y agoCommercial speech clauses do not apply to everything a business (or person engaged in business) does or says -- certainly not private employment negotiations where it's unclear which party would be the 'customer' and which the commercial seller. From your link, I think it makes it clear that the commercial speech distinction is almost exclusively used for advertising.