A biologist has filed a federal lawsuit challenging her firing by the Florida Fish and Wildlife Conservation Commission because of a post on a personal social media account after the murder of conservative leader Charlie Kirk.
Brittney Brown, who worked for the commission studying shorebirds and seabirds in the area of Tyndall Air Force Base in the Panhandle, alleges in the lawsuit that her firing on Sept. 15—five days after Kirk was shot during an appearance at a Utah university—violated her First Amendment rights.
Social media post sparks controversy
“In the wake of the killing of Charlie Kirk on September 10, 2025, many individuals and groups posted visceral reactions to social media that covered a range of perspectives and beliefs,” said the lawsuit, filed by attorneys from the American Civil Liberties Union Foundation of Florida and longtime First Amendment lawyer Gary Edinger.
“Most people on social media almost certainly encountered speech they found despicable, no matter where they fall on the political spectrum. That is the nature of a democracy where free speech is protected. And just as political violence has no place in a just society, the unbridled trampling of constitutional protections has no place either.”
The lawsuit said Brown was fired after reposting on her Instagram account a post from an account called “@whalefact.” The post said, “The whales are deeply saddened to learn of the shooting of Charlie Kirk. Haha, just kidding, they care exactly as much as Charlie Kirk cared about children being shot in their classrooms, which is to say, not at all,” according to the lawsuit.
Libs of TikTok, a conservative social media account, shared a screenshot of Brown’s repost on Sept. 14 and called for her firing, according to the lawsuit. She was fired the next day.
Agency defends termination, lawsuit challenges motives
The Fish and Wildlife Conservation Commission said in a Sept. 15 post on X that it had been “made aware of a deeply troubling incident involving an FWC employee who shared a social media post that made light of the assassination of Mr. Kirk.
The comments and actions of this individual are not in line with the FWC, our values, or our mission. We have a zero-tolerance policy towards the promotion of violence and hate, and we will not stand for such behavior. Upon learning of the social media post, FWC leadership took swift action, terminating the individual,” according to a copy of the commission post included in the lawsuit.
But the lawsuit, filed in U.S. District Court in Tallahassee, said Brown made the repost while on vacation on a “purely private” Instagram account. The lawsuit names as defendants Commission Executive Director Roger Young and Melissa Tucker, a division director described as Brown’s “ultimate supervisor.”
“Plaintiff’s political statement does not condone Mr. Kirk’s killing, nor does it call for further violence,” the lawsuit said. “Mr. Kirk was a public figure widely known for his controversial political views, and his death is a matter of public concern.”
The lawsuit alleged, “Instead of supporting plaintiff’s First Amendment rights and those of other dissenting individuals, defendants rushed to capitulate to the Libs of TikTok heckler’s veto and make a political example of Brown.”
Background on Brown’s employment and Kirk’s death
Kirk, who led the conservative group Turning Point USA, was assassinated during an appearance at Utah Valley University.
Brown worked for the Fish and Wildlife Conservation Commission for about seven years, according to the lawsuit.
A copy of her Sept. 15 termination letter included in the lawsuit indicated she had an “Other Personal Services” position, a classification that does not include some of the protections that other employees receive.
