Judge allows FWC biologist fired over Charlie Kirk social media post to continue pursuing First Amendment lawsuit
A federal judge Tuesday refused to dismiss most of a First Amendment lawsuit filed by a former Florida Fish and Wildlife Conservation Commission biologist who was fired because of a social-media post after the murder of conservative leader Charlie Kirk.
U.S. District Judge Mark Walker dismissed part of the lawsuit in which biologist Brittney Brown sought monetary damages against Fish and Wildlife Conservation Commission Executive Director Roger Young. But he otherwise allowed Brown to continue pursuing the lawsuit against Young and Melissa Tucker, a commission division director, over the firing.
Walker, in a nine-page order, wrote that Brown's "detailed factual allegations plausibly allege that she has suffered and continues to suffer an injury in fact based on her allegedly wrongful termination in retaliation for protected speech, which is traceable to defendants Young and Tucker."
Judge weighs biologist's termination over social media post on Charlie Kirk
Brown filed the lawsuit Sept. 30 after being fired for reposting on her personal Instagram account a post from an account called "@whalefact" following the Sept. 10 murder at Utah Valley University of Kirk, who led the conservative group Turning Point USA.
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.
Brown's attorneys on Oct. 3 filed a motion for a preliminary injunction that asked Walker to reinstate her to her job and to prevent retaliation by the agency. Walker last month denied the request for a preliminary injunction.
Lawyers for Young and Tucker on Nov. 21 filed a motion to dismiss the lawsuit, raising a series of issues, including alleging that it did not "plausibly allege a First Amendment violation."
The motion said Brown was what is known as an "at-will employee" who did not have the same job protections as permanent employees and pointed to potential damage to the Fish and Wildlife Conservation Commission's reputation because of her post.
"Even assuming Brown spoke as a private citizen on a matter of public concern, she must plausibly allege that her interest in reposting the meme outweighs FWC's interest in maintaining effective and credible public service," the motion said. "Her allegations do not support that conclusion."
Brown worked for the Fish and Wildlife Conservation Commission for about seven years and studied shorebirds and seabirds in the area of Tyndall Air Force Base in the Panhandle, according to the lawsuit. After Brown made the repost on Sept. 14, Libs of TikTok, a conservative social-media account, shared a screenshot and called for her firing. She was fired the next day.
In dismissing the part of the lawsuit seeking monetary damages against Young, Walker ruled that the legal concept of sovereign immunity barred the claim. Brown also is seeking reinstatement to her job, a claim that Walker said was not barred.