This past week has unleashed a wave of emotions on our nation. People from both sides of the political aisle have made their feelings felt, primarily on various social media platforms. And with that, has come outlash. For some, this week, they have learned that the First Amendment right of free speech doesn’t mean freedom from losing your job, especially if you live in an at-will employment state like Florida.
What is “AT-Will”?
An “at-will” employment state means that an at-will employee can be terminated by their employer for any reason—good, bad, or no reason at all—at any time, as long as the employer does not fire them based on protected statuses such as age, race, sex, disability, pregnancy, or for reporting unlawful activity. This includes breaking a personal-conduct code.
Understanding the First Amendment
First, and most importantly, the First Amendment protects against government restriction of speech, not against consequences from private employers. It also doesn’t protect you from charges such as slander, defamation of character, threats, or inducing public panic (such as yelling fire in a crowded public area). The Supreme Court case, Columbia Broadcasting System, Inc. v. Democratic National Committee (1973), begins to outline this. While this is a broadcasting case dealing with editorial content, it sets up the precedent that the First Amendment applies to government power, not private conduct. Furthermore, in cases since, the Supreme Court has not extended First Amendment protections to private workplace settings.
In a more recent 2019 case (Manhattan Community Access Corp v. Halleck, 2019), Justice Cavanaugh shared in his majority opinion:
“The Free Speech Clause of the First Amendment prohibits only governmental abridgment of speech, not private abridgment of speech. The text and original meaning of those provisions, as well as our longstanding precedents, establish that the Free Speech Clause protects only against restrictions imposed by the government.”
But you don’t need to reach the Supreme Court cases to find this. Many lower courts have found that private employers can legally fire employees for speech that the employer deems harmful, offensive, or against company policy.
Back to Florida
Now that you have a basic constitutional understanding of free speech, let’s get to the topic at hand. Recently, the Florida Fish and Wildlife Conservation Commission (FWC) terminated an employee over a social media post that “made light” of the assassination of Charlie Kirk. In a statement released on X by FWC, they stated,
“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.”
Furthermore, the FWC expects all its employees to conduct themselves with the utmost professionalism and always keep the public’s trust in mind.
Zooming Out
The First Amendment does not give you the right to say anything without consequences. It only stops the government from restricting your speech. And as reports come in of people losing their jobs over social media comments about the recent assassination of Charlie Kirk, they are realizing this truth.
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