Posts: 210358
From: I hold a Juris Doctorate (J.D.) and a Legum Magister (LL.M.)!
Registered: Apr 2009

posted September 16, 2025 06:10 PM            

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No. They can say that they hate Kirk, that they are glad he is dead, or anything else that isn't a terroristic threat, but they can't say it at work, especially in government positions (while normally speech is protected on government property), sports teams, and other careers where it violates their employers' requirements not to be political or to make the employing organization look bad. I must say I love seeing these teachers and college professors getting fired after some of the reprehensible things that they have said. Wow, things sure have changed in the past 7 months!

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Posts: 1094
From:
Registered: Jan 2025

posted September 16, 2025 06:18 PM            

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I have mixed feelings about that.

If they made those public comments while they were at work, then, yes, it is okay to fire them.

But if they were doing them outside of work schedule, as far as I am concerned, they are free to say whatever vile things they have to say. And firing them could be against their 1st Amendment Rights. There will be lawsuits in the coming days.

However, for people in positions such as teachers, people in HR, medical professionals who express joy over someone's murder, even on their own time, if you worked for me, I would let you go because it wouldn't align with my company's mission and ethics, and I wouldn't want your extreme attitude to be seem as representative of my company.

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Posts: 210358
From: I hold a Juris Doctorate (J.D.) and a Legum Magister (LL.M.)!
Registered: Apr 2009

posted September 16, 2025 07:56 PM            

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Your last paragraph is well-stated. I would add that the First Amendment generally applies to when the government takes away the right (with some exceptions).

Most states are at-will states. You can fire employees for any reason or no reason at all. Unless: There is an employment contract, it violates a union agreement, or the firing is otherwise unlawful, i.e., discriminatory based on a protected class. I can fire you if I don't like you, but I can't fire you if race is the reason, for instance.

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