OKLAHOMA CITY –
Can you be fired over comments made on social media?
In short, the answer is yes, but every situation is unique, according to OKC attorney Ed Blau. He said free speech offers certain protections.
“What that means is that the government cannot come in and regulate or stifle speech,” Blau said.
Businesses have the right to protect their brands
OKC attorney Ed Blau said employers have discretion with consequences for speech that could reflect poorly on their business. He said Kimmel’s company has the right to terminate employees.
“That is completely legal,” Blau said. “Now, whether or not the employer was pressured by the government, that’s a different question.”
FCC Chairman Brendan Carr, whom President Donald Trump appointed, also criticized Kimmel’s remarks. ABC’s two biggest affiliates, Sinclair and Nexstar, also announced they would stop running Kimmel’s show.
An Edmond business closed its doors over a social media post
A veterinarian from Edmond shared a post on Facebook appearing to celebrate Kirk’s death. Someone chiseled the vet’s name off the door after the post drew community outrage. Signs on the building’s doors said, “Closed for business.”
“If he or she writes, or says something that is objectionable, or completely off-putting, that’s going to hurt business,” Blau said.
Controversy at Fox News over anchor’s comments
Another media personality drew criticism for another reason. Last week, Fox News anchor Brian Kilmeade suggested people experiencing homelessness should be killed. On a broadcast, Kilmeade said he would support “involuntary lethal injection, or something. Just kill them.” Kilmeade later apologized for his remarks, but he was still employed with the cable network.
Government employees have protections regarding speech
Oklahoma State Superintendent Ryan Walters posted on X and said he was investigating 70 teachers over posts about Charlie Kirk. Blau said government employees cannot be fired for their opinion unless they go against a specific department policy.
“It’s my opinion that any sanction or punishment of those teachers is a clear violation of the First Amendment,” Blau said.
Blau’s advice for young professionals
Despite questions over the fairness of some people’s terminations, Blau said everyone should think about what they say in public spaces like social media.
“We should have an absolute right to free speech in this country,” Blau said. “That doesn’t mean that whatever we say doesn’t have consequences.”
Blau said people should learn company policies before sharing opinions online or in public.
