A biologist has filed a federal lawsuit challenging her firing by the Florida Fish and Wildlife Conservation Commission because of a post on a personal social-media account after the murder of conservative leader Charlie Kirk.
Brittney Brown, who worked for the commission studying shorebirds and seabirds in the area of Tyndall Air Force Base in the Panhandle, alleges in the lawsuit that her firing on Sept. 15 — five days after Kirk was shot during an appearance at a Utah university — violated her First Amendment rights.
“In the wake of the killing of Charlie Kirk on September 10, 2025, many individuals and groups posted visceral reactions to social media that covered a range of perspectives and beliefs,” said the lawsuit, filed by attorneys from the American Civil Liberties Union Foundation of Florida and longtime First Amendment lawyer Gary Edinger. “Most people on social media almost certainly encountered speech they found despicable, no matter where they fall on the political spectrum. That is the nature of a democracy where free speech is protected. And just as political violence has no place in a just society, the unbridled trampling of constitutional protections has no place either.”
The lawsuit said Brown was fired after reposting on her Instagram account a post from an account called “@whalefact.” The post said, “the whales are deeply saddened to learn of the shooting of charlie kirk, haha just kidding, they care exactly as much as charlie kirk cared about children being shot in their classrooms, which is to say, not at all,” according to the lawsuit.
Libs of TikTok, a conservative social-media account, shared a screenshot of Brown’s repost on Sept. 14 and called for her firing, according to the lawsuit. She was fired the next day.
The Fish and Wildlife Conservation Commission said in a Sept. 15 post on X that it had been “made aware of a deeply troubling incident [sic] involving an FWC employee who shared a social media post that made light of the assassination of Mr. Kirk. The comments and actions of this individual are not in line with the FWC, our values, or our mission. We have a zero-tolerance policy towards the promotion of violence and hate, and we will not stand for such behavior. Upon learning of the social media post, FWC leadership took swift action, terminating the individual,” according to a copy of the commission post included in the lawsuit. (Brown alleges that “Libs of TikTok is closely followed by senior officials in the DeSantis administration and in Florida’s Legislature.”)
But the lawsuit, filed in U.S. district court in Tallahassee, said Brown made the repost while on vacation on a “purely private” Instagram account. The lawsuit names as defendants commission Executive Director Roger Young and Melissa Tucker, a division director described as Brown’s “ultimate supervisor.”
“Plaintiff’s political statement does not condone Mr. Kirk’s killing; nor does it call for further violence,” the lawsuit said. “Mr. Kirk was a public figure widely known for his controversial political views, and his death is a matter of public concern.”
Brown’s post “did not pose any risk of imminent incitement to lawless action and did not include any ‘fighting words’,” the lawsuit states, “it was a political statement disseminated by way of the Internet; was not directed at any particular person or group; did not employ any epithets or racial slurs; was sent under calm circumstances; and did not call for the commission of any violent act.” There was no obscenity, no defamation, no association with criminal conspiracies, no callas for violence, and so on. Nor was it shared during work hours or involve state property.
The lawsuit alleged, “Instead of supporting plaintiff’s First Amendment rights, and those of other dissenting individuals, defendants rushed to capitulate to the Libs of TikTok heckler’s veto and make a political example of Brown.”
Kirk, who led the conservative group Turning Point USA, was assassinated during an appearance at Utah Valley University. No one has been fired for mourning his death, the lawsuit notes.
Brown worked for the Fish and Wildlife Conservation Commission for about seven years, according to the lawsuit. A copy of her Sept. 15 termination letter included in the lawsuit indicated she had an “Other Personal Services” position, a classification that does not include some of the protections that other employees receive.
–Jim Saunders, News Service of Florida, and FlaglerLive
Tired of it says
But didn’t you know? The 1st Amendments only applies to magas. Look up Hitler’s law of 1934. We are living in a dictatorship.
Steve says
It is so hypocritical that those on the right have become obsessed with the assassination of Charlie Kirk that they would go so far as to forget that they were silent when liberal legislators were attacked and killed, That the only thing they offer is thoughts and prayers when children are killed in schools shootings. But OH NO! if one of theirs is attacked that suddenly everyone who has a different thought regarding it must be censored, fired or ostracized.
When you are no longer able to exercise your right to free speech. Are you really free. It would seem that the land of the free home of the brave has turned into the land of the controlled home of the sheep.
One less bird watcher says
OH NO !! So who will count the birds ??
OPS employment says
Before jumping to the typical conclusions (Republican vs Democrat and/or conservative vs liberal), if you read the whole article, especially the last sentence in the last paragraph, it states specifically this woman, Britt Brown, was an OPS employee.
What does it mean to be an OPS employee for the State of Florida? It means you are a TEMPORARY employee with none of the benefits or retirement (pension) that comes with being hired as a regular employee. OPS means “at will”, meaning your employment can be terminated at any time for any reason, because you’re temporary.
I worked as an OPS employee for State of Florida as a biological scientist IV during Covid at the St Johns County Department of Health. It was okay while it lasted, but when it was over it was over. That’s the understanding every OPS employee has. For some OPS hires, the hope is to be hired as a regular employee as soon as possible. I wasn’t interested in that because it was a toxic environment.
It has nothing to do with Republican vs Democrat as those who’ve posted before me couldn’t wait to bring up.
This apparently young woman learned a very hard but valuable lesson, and that is: you represent your employer. Be professional. What you post can reflect back on your employer. A lot of companies these days are requesting a potential employee’s social media. If they check and don’t like what they see, you don’t get the job. The bad PR isn’t worth it for the company or organization.
So my message to this woman is: Grow up. Be professional. Move on and learn from the very bad mistake. Filing a lawsuit is going to be very expensive in attorney’s fees and court costs, money which could be spent to tide you over until you find another job, and hopefully it’ll be equal to or better than the temporary job you had working for the State of Florida.
This will affect her ability to get hired for future professional positions, something she should have thought about beforehand. I do not feel sorry for her. Learn the lesson and grow from it. In other words, grow up.
Laurel says
The “Libs of Tik Tok” need to get a life. Spineless shit stirrers. Immature idiots.
Jason says
Is it too much to ask if the FWC has policies regarding the use of social media as a state employee? And whether others have been terminated in the past for violating them, if those terminations were challenged, and if they were upheld or overturned?
That all seems like extremely relevant information to disclose here. Unless, we aren’t supposed to know?
JimboXYZ says
I guess the whales don’t care whether she has a job or not either. FL has been an “at will” state And what that means:
“Florida is an “at-will” state, which means that you or your employer can terminate your employment relationship for a good reason, bad reason, or no reason at all. It leaves the door wide open on both sides. This obviously has its advantages and disadvantages.”
Nobody infringed on her 1st amendment rights. She was free to say whatever she wanted. She was fired, happens all the time in FL. She waited 5 days to post that gem of free speech ? She can study shorebirds on her own dime & free time now.
https://www.wilsonmccoylaw.com/blog/2015/08/is-florida-an-at-will-or-right-to-work-state/
Atwp says
Chalie was just a man.
jim says
sooooo long britany once again law enforcement personnel are reps of their employer and any time you say something … anything… on your personal page(s) or anything else you still represent your agency and they are NOT going to respond favorably So if you like your job… KEEP YOUR THOUGHTS TO YOURSELF or Find other employment!!
C says
Funny how the Democrats are all for the 1st Amendment when it’s for them, but when Biden was in office, alot of people were censored for exercising their 1st Amendment rights. What people don’t realized is when you have a job, you sign paperwork, they reading the fine print.
Pogo says
@It wouldn’t surprise me
…a little bit if, in the end, she’s going undercover (herself, or by machinations of a betrayer she trusts) for the fucking RNC. John le Carré, brilliantly, entertained the world explaining it; it’s the stock-in-trade of the ruling class of Homo sapiens since long before the sacking of Troy.
https://www.google.com/search?q=le+carre
All the smug chin music about minding her manners misses the real lesson of an unprecedented display of AI’s power in the hands of totally self-serving, amoral monsters. Their dogs smell my words (and everyone else’s) and go on point — basically, in real time. Yeah, let that sink in.
Who is watching the store and taking care of your needs? It sure as hell isn’t the petty, small shitheads ruling the roost in Floriduh.
“Life is hard. Then you die. Then they throw dirt in your face. Then the worms eat you. Be grateful it happens in that order”
― David Gerrold
Joe D says
So only PERMANENT government employees have “free speech?” The article never said that her job responsibilities had been completed, or that they found a PERMANENT employee, so they could let her go. Even TEMPORARY employees still have basic RIGHTS…they just don’t always have the extra benefits of PERMANENT Employees. They said she was let go BECAUSE of her PERSONAL comments on a social media site!
As a former NURSING DIVISION CHIEF for an out of State Government Hospital…we would have justifiably been SUED for termination of even a temporary employee under these circumstances.
The UNFORTUNATE part, is the Government supervisor(s) who made the termination decision won’t be paying for any of the Court costs, or any monetary compensation when she wins….all the costs will be paid by us…the TAXPAYERS (just as all the other lawsuit costs are being paid for out of taxpayer funds for all the other pending law suits against our current local, State and Federal administrations).
I would be surprised if the responsible supervisor(s) in this situation even gets a WRITTEN COUNSELING LETTER….placed in their personnel file.
Joe D says
IN REPLY TO “C”:
Care to supply DOCUMENTATION of exactly WHEN this FREE SPEECH censorship occurred during the Biden administration? The only thing I remember that could even be considered close to “censorship,” was when people were posting MEDICAL MISINFORMATION, resulting in 1 million unnecessary deaths from COVID. The misinformation sites were challenged and shut down.
As a Master’s prepared Clinical Nurse Specialist and a Certified Nurse Case Manager with 43+ years of Nursing experience working for an internationally recognized East Coast University Teaching Hospital…I was responsible for one of the 7 dedicated COVID ICU treatment units. I lost 1 patient a day from Covid complications…none of them were vaccinated ( mostly because they BELIEVED the Social Media, misinformation LIES being posted, not as one’s individual OPINION, but by those presenting the lies as FACTS)!
That’s quite different from what was done to this government worker, for expressing her PERSONAL OPINION.
Ed P says
Big tech/social media companies have publicly admitted to capitulating to pressure from the Biden administration to remove posts, block, deactivate and even ban accounts for invalid reasons. Twitter banned Trump, but kept ayatollah Khamenei. Meta, You Tube, and Twitter (X) all admitted to violations under pressure.
I know, the Supreme Court threw out the lower court ruling on the technically that the case brought based lack of standing, not that it did not occur.
Now Senator Paul has exposed the TSA “quiet skies” assault on free speech during 2023. Even Congressional members were surveilled for attending meeting or rallies.
Now we all know when.
Magic eight ball says
I hope she wins, she should win.. but the executive branch essentially owns the judicial.. I don’t see much hope.
Laurel says
OPS employment: I agree with much of what you said, except, the company does not own you. That’s the problem here.
When I worked for an engineering firm, we were told not to go directly from work to a bar. Well, of course we thought it was funny to stop at a 7-11 first! We were in compliance. Where the firm was correct was, none of us were to take the company car, with its logo, to a bar, or imbibe in alcohol during work hours, such as lunch, in public places. There is a big difference between publicly advertising a company in a way that reflects poorly, directly at the company, and a private opinion away from the company, on a person’s own time.
Yes, Florida is a hire at will state, and can fire at will. There should be respect, however, for the individual, and that respect should not involve a person’s private opinion, and Constitutional right. The company stepped outside their boundaries. They do not own her. Maybe the company should “grow up.”
Laurel says
“…and that respect “SHOULD” involve a person’s Constitutional right.”
Damn, it’s so hard to be perfect! ;)