According to the Associated Press, many people have lost their jobs after posting controversial posts on social media following Charlie Kirk’s death. Some say it raises the debate over free speech and employer authority.
Matthew Burbank, a political science professor at the University of Utah says, “if it is comments someone makes on their own social media on their own time, that is problematic and not a good idea for corporations to monitor that.”
Clayton Simms, a legal expert in Utah, says the First Amendment protects speech from government censorship, but it does not protect employees from being fired over what they say online in Utah.
Simms says that employers, especially private ones, retain broad discretion over employment decisions. According to him, the First Amendment gives you the right to free speech, but it does not prevent employers from firing employees for what they say.
Burbank agrees that this is a ‘gray area’ and it is troubling. He said, “What we’re seeing with this set of developments is unusual and unsettling. People are being eliminated from their jobs or moved based on their social media comments.”
On the other hand, Burbank also says that social media can encourage impulsive behavior that can lead to professional consequences.
“One of the problems with social media is it invites quick responses in real time,” he said. “Often, it’s not people presenting things as well thought out as they should be. In the case of the firings, it’s problematic. People are responding quickly, like, ‘here’s what I think,’ and hitting the post.”
Adam Crayk, managing partner at Salt Lake City-based law firm, Stowell Crayk, says many of the recent firings may be motivated less by morality and more by fear of political or financial backlash.
“I’ve looked at some of these posts, and some of them are pretty ugly, pretty nasty,” Crayk said. “But if it were my employee, I’m not firing them. I’m a private entity, and they have a right to say what they want on social media.”
Burbank warns that the internet has a long memory and can have lasting consequences. He said, “Think before you post because your online comments can follow you for life.”
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