Introduction to the Case
A former Eastern Florida State College employee is suing the school after she was fired for her social media posts about the assassination of political activist Charlie Kirk.
Erika Santos, who worked in accounting and grant compliance at Eastern Florida since 2019, was terminated in October. She filed the lawsuit in the U.S. District Court for the Middle District of Florida on Wednesday.
Background on the Lawsuit
Santos, represented by the American Civil Liberties Union of Florida, claims the Brevard County college retaliated against her for expressing her First Amendment right to free speech and discriminated against her for her political viewpoint. “We all have the right to free speech, and you don’t lose that when you work for the government,” said Michelle Morton, an ACLU attorney.
Details of the Incident
The college did not fire employees in the past who posted strong political opinions online but then singled out Santos based on “her viewpoint,” the lawsuit says. Kirk, 31, a confidant of President Donald Trump, was shot to death on a Utah college campus Sept. 10. A Christian father of two, he was the founder of Turning Point USA and demonstrated a combative new approach to conservatism that openly criticized racial justice movements, the news media and LGBTQ+ rights. Critics said his views perpetuated racist, anti-immigrant and anti-feminist ideas.
Santos’ Social Media Posts
Santos’ Facebook posts indicated she disliked Kirk’s politics, court documents show. But, as other users disagreed with her, she also said she did not approve of his assassination. She also wrote that Kirk’s shooting had links to his rhetoric. “I never said it SHOULD happen. I’m simply saying he’s not a hero or a martyr. He’s a victim. Period,” Santos wrote.
College Response
A spokesperson for Eastern Florida said the college does not comment on active lawsuits. A campus security officer, Ricky Carswell, investigated Santos’ online posts and called them “disgraceful” and claimed they condoned Kirk’s assassination, according to his findings, which are now part of the court filings.
Selective Discipline
The lawsuit says Eastern Florida selectively disciplined Santos “based on her viewpoint while ignoring comparable conduct by others.” It notes other instances of Eastern Florida employees posting about politics, but not being punished, including Carswell. The lawsuit includes a screenshot of a 2013 post from Carswell claiming then-President Barack Obama supported Al-Qaeda. He did not receive a punishment similar to Santos’, the lawsuit says.
Wider Implications
Kirk’s assassination in September sparked strong and mixed responses on social media, with some mourning him and others resurfacing Kirk’s comments they disliked, including one on gun control where he said that “some” gun deaths were worth it to preserve Second Amendment rights. Florida quickly cracked down on state employees, such as public school teachers, who posted online posts about Kirk.
Nationwide Context
Nationwide, more than a dozen employees, from a Tennessee high school science teacher to a landscape supervisor at Auburn University, have sued arguing their terminations violated the First Amendment, according to The Hill. In Florida, Brittney Brown, a state biologist fired from the Florida Fish and Wildlife Conservation Commission for posts about Kirk, faced a federal judge in Tallahassee this week after she sued the state.
Conclusion
The ACLU is also helping to represent Brown, and Morton said these lawsuits could help slow down the “erosion” of free speech rights in Florida. “Right now it’s your state employees, but if you don’t push back against the government when they’re challenging people, eventually that just spreads to more and more people,” she said. The Associated Press contributed to this story.
FAQs
- Q: Who is the plaintiff in the lawsuit against Eastern Florida State College?
A: Erika Santos, a former employee who was terminated after posting about Charlie Kirk on social media. - Q: What is the basis of Santos’ lawsuit?
A: Santos claims the college retaliated against her for exercising her First Amendment right to free speech and discriminated against her based on her political viewpoint. - Q: How does the lawsuit allege Eastern Florida State College handled similar situations in the past?
A: The lawsuit claims the college selectively disciplined Santos while ignoring comparable conduct by other employees, indicating a pattern of viewpoint-based discrimination. - Q: What are the wider implications of this case and similar ones across the country?
A: These cases could set precedents regarding the limits of free speech for government employees and the potential erosion of First Amendment rights in the context of employment and political expression.
