Several South Florida organizations are taking disciplinary action against employees who posted on social media about the death of conservative activist Charlie Kirk, raising questions about free speech and workplace consequences.
Universities respond to online posts
The University of Miami announced online over the weekend that it fired an employee for public commentary made about Kirk’s death.
“Private employers are not under the constitution,” said employment attorney Susan Norton.
Norton explained that free speech protections apply to government action, not private employers such as UM.
“The First Amendment only restricts the government’s action against an employee,” Norton said.
Florida Atlantic University also placed a tenured faculty member on leave over the weekend for social media comments related to Kirk’s death.
Legal perspective on free speech and employment
Norton said employees in both the public and private sectors could face consequences if their speech affects an employer’s reputation or operations.
“What are the ramifications? What are you saying and is it going to interfere with the employer’s ability to perform the functions?” Norton said.
She added that the U.S. Supreme Court has ruled that employers do not have to wait for backlash before responding.
“The public employer doesn’t have to wait for chaos to erupt. It can get ahead of it,” Norton said.
Political fallout in Palmetto Bay
In Palmetto Bay, Councilman Steve Cody posted last week, “Charlie Kirk is a fitting sacrifice to our Lords Smith & Wesson. Hallowed be their names.”
Norton said it is more difficult for municipalities to discipline lawmakers for public comments because they are elected officials. Residents and other town leaders are now calling on Cody to resign.
Norton noted that social media posting carries greater risks today, since employers can easily be identified and private accounts do not guarantee protection.
“As for Councilman Cody, he has said he isn’t stepping down,” the report stated.
