A federal lawsuit filed Wednesday alleges Eastern Florida State College violated the First Amendment rights of an employee who was fired because of social-media posts after the murder of conservative leader Charlie Kirk.
Attorneys for Erika Santos, who worked as a grant accountant at the Brevard County campus, filed the lawsuit in U.S. District Court in Orlando.
Kirk, who led the group Turning Point USA, was assassinated Sept. 10 during an appearance at Utah Valley University. Santos shared posts and wrote comments on a personal Facebook account after Kirk was shot.
The college, which received an anonymous letter about the posts, suspended Santos on Sept. 18 and fired her on Oct. 16. In part, the college alleged in a termination letter that Santos’ comments “appeared to condone if not celebrate the death of Charlie Kirk,” according to the lawsuit.
But Santos’ attorneys argued in the lawsuit that the “private social-media posts were political speech on a matter of public concern” and that the firing involved retaliation and discrimination barred by the First Amendment.
“Santos’ Facebook activity was entirely outside of and unrelated to her job responsibilities, which involved grant accounting,” the lawsuit said. “Her posts addressed issues of public concern, including political violence, gender equity, racial equity, and freedom of expression. Her posts did not disrupt EFSC (Eastern Florida State College) operations and no disruption was reasonably foreseeable.”
The lawsuit is one of numerous First Amendment disputes in Florida and other states stemming from workers’ social-media posts after Kirk’s death. Tallahassee-based U.S. District Judge Mark Walker on Monday held a hearing in a lawsuit against Florida Fish and Wildlife Conservation Commission officials over the firing of biologist Brittney Brown because of a post. Brown is seeking a preliminary injunction and reinstatement to her job.
