Fargo City Worker Under Fire for Charlie Kirk Post; Professor McGinniss Cites Limits of Free Speech
A Fargo city worker posted that Charlie Kirk “won’t be missed,” on Facebook. UND Law Professor, Michael McGinniss says free speech has limits, and extreme posts can lead to job consequences.
FARGO — A Fargo city employee is facing scrutiny after posting negative comments on Facebook about the killing of conservative activist Charlie Kirk.
The worker publicly shared that Kirk “won’t be missed.” The post sparked criticism, with some calling for the employee to be fired.
City Commissioner Michelle Turnberg reposted the comment, urging people to “do better.” At Monday night’s Sept. 15 commission meeting, she asked for city policy on social media posts to be added to the agenda. Her effort failed, but Mayor Tim Mahoney addressed the situation.
“The employee in question pulled down the post within five minutes of the post, regrets it, obviously. And we just have to let the process follow through,” Mahoney said. “The process will be; HR (Human resources) will meet with the employee, make recommendations to Administrator Mike Redlinger on that particular issue, and then take the actions that are required.”
Across the country, several people have already been fired for disparaging comments about Kirk’s death.
“I’m a strong advocate for freedom of speech. I want to make that clear, but there are lines,” said Michael McGinniss, a professor of law at the University of North Dakota.
McGinniss said social media use and employment are complicated. While First Amendment rights protect individuals from government action, workers in public-facing professions such as teaching and health care may be scrutinized more closely.
“It’s a situation where they can make a decision that an employee’s conduct, even outside the workplace, including their speech, may be detrimental to the mission of the employer,” McGinniss said. “So some employers will have an actual written policy for those social media activities.”
Government employers, he added, may be especially strict because of their responsibility to maintain community trust.
“In a diverse society there has to be confidence that people can trust the organizations they’re going to for assistance, that they will seek to perform their job appropriately and justly, even evenhandedly. And so that’s where those kinds of concerns can arise,” McGinniss said.
Most employees are not fully protected from consequences tied to their employers, he noted. Extreme statements, in particular, can lead to disciplinary actions.
“The guidance I always provide to people is step back, reflect before you speak, especially in a situation where emotions are high,” McGinniss said.
He added that this should be a time for Americans to come together and denounce political violence.
