“Context matters. The activity in dispute was not a display at a random location in the United States; it was not at a normal moment in time; and it was not a generic message for equal rights or employee protection,” Judge James B. Loken wrote. “Home Depot’s restriction on how employees may display messages surrounding the movement shows only that it ‘did not want to allow the mass expression of a controversial message by employees in their stores.”
“Context matters. The activity in dispute was not a display at a random location in the United States; it was not at a normal moment in time; and it was not a generic message for equal rights or employee protection,” Judge James B. Loken wrote. “Home Depot’s restriction on how employees may display messages surrounding the movement shows only that it ‘did not want to allow the mass expression of a controversial message by employees in their stores.”
