First Amendment Issues with Private Social Media Posts of Government Employees

News of people being fired for making social media posts about Charlie Kirk in the wake of his assassination flooded the airways this summer. While private employers have nearly unlimited discretion to fire employees if they disagree with their private social media posts, government employers have far less discretion because of the First Amendment rights of their employees. This presentation will give government lawyers necessary information to aid their determination if a government employee’s post on their private social media account is likely First Amendment protected speech. That determination will aid the government lawyer in advising the employer of the potential consequences of a First Amendment retaliation claim by that employee should they be fired or disciplined for their post.