Can Television Networks Prohibit Employees Like Roseanne Barr from Tweeting During Employment?

Yes, television networks can contractually prohibit employees such as Roseanne Barr from tweeting during the time they are employed by the network. Any employer can include a 'morals clause' in an employee's work contract, which specifies that the employee must refrain from actions that would reflect poorly on the company. If an employee breaks this clause, they can be fired.

ABC's Inaction and Roseanne Barr's Rights

ABC did not take any steps to prevent Roseanne Barr from tweeting. She is entitled to tweet whatever she wants under the First Amendment, subject to Twitter's oversight. However, ABC has the right to cancel a show if a star's statements are considered highly objectionable. In the case of a cast member making such a statement, they could be fired.

The Importance of Social Media Presence for Performers

Many performers are required to maintain a strong social media presence to keep their personal brand and their TV shows in the public eye. Some of them outsource this task to professionals due to the time constraints. However, just as there are certain individuals who should not be allowed to drive, some people should not be permitted to use social media platforms like Twitter, for their own good.

For example, celebrities often engage with fans and followers through social media, but discretion should be advised.

Examples of Morals Clauses in Contracts

No, television networks cannot prevent someone from tweeting in the strictest sense. However, they often include a 'morals clause' in employment contracts for actors, hosts, and endorsers. A morals clause is a provision that outlines certain actions or activities in an individual's private life that can serve as grounds for termination of the contract.

For entertainment lawyers, these sorts of clauses are common in television actor or host contracts, where producers, broadcasters, or studios may terminate their association with an individual whose reputation has become toxic. Similarly, in celebrity endorsement contracts, manufacturers or service providers may no longer want their product or service associated with an individual who has gained public infamy due to their actions.

Conclusion

While entertainment networks cannot completely restrict an employee's social media activities, they can and do include extensive clauses in employment contracts to manage the risks associated with public statements and behavior. Discretion and professional conduct remain key.