ROCHESTER, N.Y. (WHAM) — In the wake of the assassination of conservative activist Charlie Kirk, some Americans are now dealing with the consequences of reactionary social media posts.
From teachers, to students, to business owners, education attorney Nicholas Marricco asks, “Is losing your job worth the thing you’re about to post on social media?”
Marricco, a senior associate at Tully Rinckey PLLC, said when looking at an employee’s freedom of speech, it comes down to two things: public and private.
“If the employee is a private employee, it’s a little difficult to argue that the First Amendment protects them,” he said.
For private employees, Marricco said to take a look at what is in your employment contract and employee handbook. Everything usually hinges on those agreements.
For public employees, he said “there’s usually three things that the courts will look at.”
What will come under scrutiny will be:
- Was the post was part of your job or official correspondence?
- Was your post a matter of public concern?
- Does your post upset the balance with workplace efficiency?
But overall, Marricco said it really comes down to the one wearing the robes.
“It (would) really be up to the judge to determine,” he said.
Marricco said high school and college students are also among those impacted. He said they really need to watch what they post online.
“When students first start your freshman year, I know it may not be the coolest thing to do, but if you can, review that code of conduct,” he said. “Whatever that code allows — or doesn’t — is gospel.”
