Millions of Americans continue to mourn the tragic assassination of conservative Christian activist Charlie Kirk, who was gunned down at just 31 years old in front of his wife and young children. Horrifying video of the fatal shooting spread rapidly across social media, triggering a reaction from his opponents that was almost as chilling as the assassination itself. Instead of grieving the murder of a husband and father, many mocked and celebrated Kirk’s death. For some, that cruelty came with swift consequences: They lost their jobs.
More and more employees across the United States are being fired over their disturbing reactions to Kirk’s murder. The terminations span a wide range of professions, including pilots, flight attendants, university staff, healthcare workers, and retail employees. Some posted derisive memes. Others said Kirk “deserved” to be killed. Some even hailed the shocking event as a political victory.
Within hours, screenshots and videos of the alarming reactions circulated on social media. Employers were tagged, and a wave of firings began.
Those mocking and lauding Kirk’s assassination have learned the hard way that freedom of speech does not mean freedom from consequences.
Many who lost their job for mocking Kirk’s homicide claim their “First Amendment rights” were violated, but they fundamentally misunderstand the amendment’s purpose. The right to freedom of speech prevents the government from censoring Americans – it does not prohibit employers from enforcing standards of conduct.
Most employment in the United States is “at-will,” meaning an employer can fire workers at any time for almost any reason. Many companies also have internal policies that ban so-called “hate speech” or forbid employees from posting about certain topics on social media.
American Airlines recently disciplined multiple pilots who were accused of applauding Kirk’s assassination. Responding to backlash related to the pilots’ comments, American Airlines said “hate-related or hostile behavior runs contrary to our purpose, which is to care for people on life’s journey.” Transportation Secretary Sean Duffy confirmed the pilots were “immediately grounded and removed from service.”
Was this constitutional? Undoubtedly. As a private company, American Airlines can enforce its Standards of Business Conduct, which require employees to be “responsible and respectful” on social media. Employees who exult in the brutal slaying of a father in front of his family do not meet that requirement.
American Airlines’ policy also explains that employees are responsible for what they post online, warning, “If you list your work affiliation on a social network, remember that your communications may reflect on our company and your colleagues.”
Despite their claims, the terminated employees aren’t being unconstitutionally silenced; they are still free to say whatever they want. Their employers, in turn, are free to say, “You’re fired.”