JACKSONVILLE, Fla. — Over the past week, there has been a growing list of examples of people losing their jobs after making controversial posts about the assassination of Charlie Kirk.
Government and private employees have both been impacted, sometimes at the encouragement of elected officials.
The ACLU of Florida is taking note, issuing a recent statement suggesting some of the language targeted “constitute core protected speech.”
“Government actors calling for people to lose their jobs and livelihoods because they exercised their right to freely express political views that are controversial — a right Kirk himself exercised and encouraged for others — is alarming," the ACLU of Florida wrote in part.
“I think that we can’t, in the midst of this tragedy, either lose our free speech or lose our humanity,” said Bobby Block, President of the Florida First Amendment Foundation.
Block noted constitutionally, your speech is not exactly protected in terms of keeping your job.
“Your job and your continued employment are not protected by the First Amendment,” said Block.
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There are some possible exceptions to that rule, though.
Factors like contract terms, whether a company has a stated social media policy or union protections could provide avenues for wrongful termination lawsuits, but even in those cases, companies generally come out on top.
“Courts traditionally have seen that if you work for a private company and they have rules and you violate those rules, even when it comes to speech, they can fire you,” said Block.
In the public sector, things get a bit more complicated, as certain employees like teachers do have slightly expanded First Amendment rights.
But the government does have discretion.
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Oftentimes, Block noted, the standards swing back and forth depending on who is in office.
“And that’s where the violation of the spirit of the First Amendment is coming in. We’ve been here before. It was wrong before and it’s wrong now,” said Block.
Bottom line: Post at your own risk.
“I don’t want to chill people’s speech, but we live in an environment, these things are real, people can lose their livelihoods. So, just think before you hit that send button really carefully,” said Block.
While government employees and private employees can lose their jobs due to their online speech, Block noted the government itself is not allowed to punish you for legally protected speech.
For example, the IRS can’t single you out because of your political views.
But even in those cases, Block said one would have to prove they were specifically targeted because of their opinions.
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