From: Letwin, Michael
Sent: Wednesday, December 23, 2015 9:59 AM
Subject: FYI: 7pm Tonight in Union Square: Candlelight Vigil For Sandra Bland
Legal observers needed.
Note: “We are simply unpersuaded that an email message, sent using the employer’s email system but not from the employer, could reasonably be perceived as speech by, or speech endorsed by, the employer–particularly a message reflecting a view different from the employer’s. Email users typically understand that an email message conveys the views of the sender, not those of the email account provider. They would no more think that an email message sent from a coworker via a work email account speaks for the employer (unless the message was sent by the employer’s supervisor or agent) than they would think that a message they receive from a friend on their personal Gmail account speaks for Google.”
Purple Commc’ns, Inc., 361 NLRB No. 126 (Dec. 11, 2014)