Jimmy Kimmel’s Case and the Truth About Free Speech at Work with Employment Lawyer Peter Rahbar

LEAVE YOUR MARK: Freshly Brewed Career Advice with Aliza Licht

Aliza Licht

Business, Careers

5.0 • 585 Ratings

🗓️ 1 October 2025

⏱️ 32 minutes

🔗️ Recording | iTunes | RSS

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Summary

Where does free speech really end when it comes to your job? In this episode of Leave Your Mark, I sit down with Peter Rahbar, employment lawyer and founder of The Rahbar Group, to break down the tricky intersection of the First Amendment, company policies, and employment contracts. Using Jimmy Kimmel’s recent headlines as a case study, Peter explains how morals clauses work in talent agreements, what rights companies have to suspend or fire employees over remarks, and why business risk often drives decisions more than legal standards. We also dig into the pitfalls of vague contract language, what “actual malice” really means in defamation cases, and how at-will employees should think before posting online. Through his New York boutique practice, Peter represents executives, media personalities, and professionals across industries, and he also co-hosts the Across the Bar Podcast, which explores current events and their impact on the workplace. Whether you’re an executive, on-air talent, or simply navigating your company’s handbook, this conversation delivers clear, practical takeaways on how to protect both yourself — and your career.

Transcript

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0:00.0	Hi, this is Elisa Likt, and this is Leave Your Mark the podcast, where I brew fresh
0:05.4	career advice with some of my most inspiring and successful friends.
0:09.5	It's professional advice that you can action immediately, whether you're just starting out
0:13.8	in your career or well on your way.
0:16.4	With a massive to-do list and a large cup of coffee, I promise that you can get it all done and still
0:22.5	have time to post about it. Welcome back to Leave Your Mark. I'm your host, Elisa Likt, and today
0:29.1	we're diving into a topic that confuses leaders and employees alike, where free speech ends at work
0:35.8	and how companies view what their people say online and in person.
0:40.4	We'll use Jimmy Kimmel, of course, as a real-life example to look at what the law says,
0:45.5	how company policies operate and what both employers and employees should keep in mind.
0:50.6	No politics, just facts, and practical takeaways.
0:53.7	I'm excited to welcome back my friend Pete
0:55.8	Raybar, an employment lawyer and workplace expert with more than 20 years of experience, including
1:01.1	over a decade as chief employment attorney for a major global media company. Through his New York
1:06.6	boutique practice, the Raybar group, Pete represents executives, media personalities, and professionals
1:11.5	across industries. Pete also co-hosts the Across the Bar podcast, which discusses current events
1:17.6	and their impact on the workplace. Pete, welcome back to leave your mark. Thanks for having me.
1:22.5	It's so great to be back. Yes, this is the perfect topic. It's like made for you. Yeah. Well, it's never been more popular time to be an employment lawyer. People actually want to talk to you at cocktail parties and ask you questions about new issues that seem to be popping up every single day. So great to be here.
1:40.3	Amazing. So, okay. Can you start by explaining how free speech protections under the U.S. Constitution,
1:48.4	aka First Amendment, apply or don't apply in private employment versus public employment?
1:54.3	Sure. This is one of my favorite discussion topics and one that I dive into repeatedly.
2:00.6	And so the simple advice and explanation
	...

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