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School defends decision to fire accountant over ‘repugnant’ posts
A former Eastern Florida State College employee will receive $250,000 to settle a lawsuit after the school fired her over posts she made about Charlie Kirk on Facebook.
Accountant Erika Santos filed the lawsuit in November, alleging that her termination was “retaliation, content-based discrimination, and viewpoint discrimination forbidden by the First Amendment.”
Santos argued the posts were “entirely outside of and unrelated to her job responsibilities.”
The settlement will cover all damages and attorney fees. Santos also agreed not to seek employment at the school again, according to Inside Higher Ed.
The school fired Santos following a month-long investigation into her posts reacting to Charlie Kirk’s assassination.
The investigation was prompted by an anonymous letter urging attention to the private posts in which Santos criticized Kirk for his views on race and abortion.
EFSC described the posts as “repugnant, divisive, political in nature, and undermining public confidence in EFSC’s ability to provide an educational environment free from discrimination based on political affiliation.”
In a news release published by the ACLU of Florida, Santos said, “EFSC firing me due to someone’s anonymous submission about my private social media made it clear this was never about them putting their employees or students first.”
“Staying silent would have allowed them the opportunity to stand behind their own false narrative. Speaking up is how we protect our rights to free speech and everyday people, like me, deserve to understand that,” she said.
ACLU Staff Attorney Michelle Morton said freedom of speech carries no weight if employees must choose between maintaining their livelihoods and expressing their opinions.
“The First Amendment protects the right to engage in public debate, including when our views are unpopular, controversial, or critical of powerful figures. This resolution sends an important message: Public institutions cannot disregard constitutional protections simply because they disagree with what someone has to say,” Morton said.
However, college spokesperson Mark Levitt told Florida Today that the school stands by its actions.
He said that Santos’ activities were “inconsistent with its institutional mission, professional expectations of employees, applicable College policies, and potential disruption to the College’s primary mission of serving its students.”
This is one of several similar free speech cases following the death of Charlie Kirk.
At Ball State University, an employee received $225,000 to settle her First Amendment lawsuit after she was fired for posting controversial comments on her personal Facebook account about the assassination, The College Fix previously reported.
In addition, a University of Tennessee at Knoxville professor who called Kirk a “disgusting psychopath” is set to receive $1.9 million in a tentative settlement to resolve her wrongful termination and First Amendment lawsuit.
Finally, Austin Peay State University in Tennessee agreed to a $500,000 settlement with an associate professor fired over a social media post.
The school also issued an apology and reinstated Darren Michael, an associate professor of theatre.
MORE: University of Chicago student files ethics complaint against Sen. Slotkin
