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To prevent post-election violence, businesses need to exercise 'Citizens United' rights

Trump supporters wave flags and climb the surrounded Capitol building Washington DC on January 6 2021 insurrection
Bonnie Jo Mount/The Washington Post via Getty Images

Here’s what employers should do to help prevent another violent insurrection, Michael Dru Kelley writes.

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Before the very first offenders were even indicted on criminal charges for their participation in the January 6, 2021, insurrection attack on the Capitol, American companies were wasting no time firing identified attackers who were their employees.

Almost immediately, Maryland-based Navistar fired an employee who was identified next to the “Qanon Shaman” in the Capitol and wearing his employee ID tag. The company said in a statement to CNN, “While we support all employees’ right to peaceful, lawful exercise of free speech, any employee demonstrating dangerous conduct that endangers the health and safety of others will no longer have an employment opportunity with Navistar Direct Marketing.”

Libby Andrews, who worked for a Chicago real estate company, found out through a company email blast that she was also terminated even before indicted. A Texas attorney was immediately fired upon reports of his participation by employer Goosehead Insurance. Some companies even terminated those who vocally supported the insurrection even if they did not participate.

As election day 2024 approaches, concerns are growing again about civil violence and unlawful disruption of elections, ballots and certified final results. Former President Trump has shown disregard for the truth, the constitution and human lives in riling up his supporters through “enemy from within” threats to once again use any means, including violence against fellow Americans, to return to power. He’s already questioning mail-in ballots, early voting and Election Day processes across the board to possibly prevent people from exercising their fundamental constitutional right to vote and have that vote counted.

Trump has shown what he is capable of, even with limitations on his power. And now, with fewer guardrails as granted recently by the Supreme Court, he will absolutely and authoritatively do it again. Yet, if he does lose the 2024 election, there’s much more for him to lose beyond the White House, like his freedom from criminal cases, with possible lifelong jail terms. The person who has the most to lose in a Trump loss is Trump. And, we all know he cares only about Donald Trump. He will never go out that way. Worried now? Well, there is one likely preventer of disruption and violence that we now need to call on just days before and after the election.

It’s American employers.

The only real hope to stop Trump’s call for illegal or violent disruptions can be found in America’s businesses, who have the most influence with voting employees and are protected by political free speech in the 2010 Supreme Court ruling known as “Citizens United.” The ruling overturned government limitations and expanded the ability of businesses and unions to have the same free speech rights as individuals when it comes to independent political expenditures and communications. So far, the Citizens United door has only swung one way, with endless money pouring into political campaigns. It is now time for the door to swing the other way to save our democracy.

With the law on their side, it's now time for American businesses to exercise free speech rights and pour political effort, money and communications into simply asking their voting employees, partners, customers and shareholders not to participate in violent civil unrest or unlawful election disruption. After all, it’s their responsibility as human citizens, as guaranteed in Citizens United.

Businesses have trust with voting employees and others who make money from them. According to credible research from the periodic Edelman “Trust Barometer,” American businesses have consistently been the most trusted voices with their staff (and most of Americans) above media, politicians and even religious figures. Voting employees will respond to an employer’s call for zero-tolerance policies for anyone involved with the company to have participated or arrested in illegal disruptions of the election or violence after it. I can assure you the loss of a paycheck, healthcare, benefits, future prospects and reputations will keep many in check on the side of peace, even above the uncanny allure of Trump’s selfish callings.

I urge American business large and small to lead the way and remind their employees that voting is an individual right. The employer should also encourage all to vote (and hopefully, provide paid time to do it!). Companies should absolutely affirm that voting for whom you want is an individual right done alone and private for a reason. Peaceful protests are always encouraged. However, companies need to reinforce that any unlawful or violent disruption by an employee of anyone’s right to vote or having their vote counted is in violation of company rules, resulting in termination. These sentiments, repeated as much as possible from employers in the days before and after the election, could spell the difference in our democracy surviving or not.

There’s never been a more important time to be citizens, united.

Michael Dru Kelley is a writer, media entrepreneur and a cofounder and a principal LGBTQ+ shareholder of equalpride, publisher of The Advocate. Michael understands the power of media impressions and communications and can be followed on Instagram @MDKptown. His opinion pieces represent his own viewpoints and not necessarily those of equalpride, or its affiliates, partners, or management.

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Michael Dru Kelley