Comments on social media that are “mere gripes not made in relation to group activity among employees” is not protected. Likewise, speech that is profane, defamatory or malicious against the company is not protected. NLRB v. Honda of America Manufacturing, Inc. An employer will also have a duty to act if the political speech infringes upon a protected group (based on their gender, race, age, disability etc.) and creates a hostile work environment for other employees.