Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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The First Amendment provides that "Congress may pass no law abridging ... freedom of speech." "It is, of course, commonplace that the constitutional guarantee of free speech is a guarantee only against abridgment by government, federal or state." Hudgens v. NLRB, 424 U.S. 507, 513, 96 S.Ct. 1029, 1033, 47 L.Ed.2d 196 (1976) (citation omitted). The Amendment does not apply to private conduct. Id. Ms. Carl has not alleged that Children's Hospital is a governmental actor. If, as Judge Terry suggests, an exception to the at-will doctrine must have as its basis a provision "concretely applicable to the defendant's conduct," ante at 163, then Ms. Carl's "free speech" argument must fail.

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