Former college employee claims First Amendment rights violated in firing over Charlie Kirk posts

ORLANDO, Fla. - A federal lawsuit filed Wednesday alleges Eastern Florida State College violated the First Amendment rights of an employee.

A former employee of the college claims she was unlawfully fired for her social-media posts following the killing of conservative activist Charlie Kirk.

What we know:

Erika Santos, a grant accountant at the Brevard County college, was suspended on Sept. 18 and terminated on Oct. 16 after the institution received an anonymous letter citing her Facebook posts. 

The lawsuit argues that her posts addressed political topics, including gender and racial equity and political violence, and constituted protected speech unrelated to her job duties.

What we don't know:

It remains uncertain how the court will interpret the boundaries between an employee’s private political expression and an employer’s interest in maintaining operations free from disruption. 

The complaint asserts there was no workplace disruption, but the college has not yet publicly detailed why it believed Santos’ posts warranted discipline beyond the statement in her termination letter. 

CLICK TO DOWNLOAD THE FOX LOCAL APP

It’s also unclear whether other similar cases emerging across Florida will influence how judges approach this dispute.

The backstory:

Charlie Kirk, founder of Turning Point USA, was assassinated Sept. 10 during an appearance at Utah Valley University — a killing that sparked intense political reaction nationwide. 

In the days that followed, numerous public employees across Florida were disciplined or terminated for social-media posts perceived as critical of or insensitive toward Kirk’s death. 

SIGN-UP FOR FOX 35'S BREAKING NEWS, DAILY NEWS NEWSLETTERS

Santos’ case joins a growing list of First Amendment challenges tied to this wave of disciplinary actions, including a separate lawsuit involving a Florida Fish and Wildlife Conservation Commission biologist who is seeking reinstatement.

What they're saying:

According to the lawsuit, Eastern Florida State College told Santos that her posts "appeared to condone if not celebrate the death of Charlie Kirk." 

Her attorneys counter that the posts reflected constitutionally protected political commentary, writing, "Her posts addressed issues of public concern, including political violence, gender equity, racial equity, and freedom of expression." 

They also argue that her Facebook activity was "entirely outside of and unrelated to her job responsibilities," and caused no disruption to the college’s operations.