Firings for posts about Charlie Kirk killing sparks debate on free speech
ST. LOUIS - In the days following Kirk's killing, social media posts from people cheering his death led to firings across the country. To some, those posts were political expression.
To others, they crossed into dangerous territory; even Vice President JD Vance, while guest-hosting Kirk's own podcast post-death, told listeners to call individuals out and contact their employer.
“We don't believe in political violence, but we do believe in civility,” Vance said.
That call has fueled a bigger question: can employees be punished for their online opinions?
"The First Amendment does not protect us from consequences of what we say in our private and personal life and from private and personal actions; it only protects us from the government essentially trying to put us in jail or make other repercussions for things we say and that's the limit of it,” said Attorney John James of James Law Group, LLC.
Legal experts say in Missouri, private sector workers have little protection. It's an at-will employment state, meaning most can be fired for almost any reason.
Public employees, like government workers, do have some constitutional safeguards, but even those are limited.
"Generally speaking, this is a common misconception that people can say their peace and believe the First Amendment protects them in all aspects because we have the freedom to say what we want,” James said.
There are narrow exceptions. Federal law protects workers who speak out about pay, hours, or working conditions. Discrimination laws also apply if someone is disciplined in a way that targets a protected category like race, religion or gender.
But general political opinions aren't automatically protected at work; it all depends on who you work for, and law experts say avoiding this trouble is fairly easy.
"It's very simple: think hard about what you want to post about and its potential consequences to you and the people who are reading it. Everyone reads it; it's a permanent record. People will screenshot it if you delete it… This can be a struggling time, a volatile time, and it's a great time to exercise caution unless you're willing to take what comes," James said.
While the debate around Charlie Kirk's death has fueled intense political reaction, the law in Missouri remains clear. Public employees may have some protections, but private employees can be disciplined or fired for what they post online.
Attorneys say the safest rule of thumb is if you wouldn't say it in front of your grandma, think twice before posting it.