In the wake of the assassination of political organizer and commentator Charlie Kirk, some turned to social media to decry him in caustic and insensitive terms. That offended many, some of whom documented offensive posts and called on the posters’ employers — particularly in the public sector — to fire them. Some did, causing many to wonder if they might face consequences at work for what they’ve posted.
Here’s a quick guide to navigating social media and your job:
- Above all, don’t be afraid to use your free speech. One of America’s greatest strengths is the free flow of information and perspectives. We can’t allow current controversies to chill our free expression.
- Don’t be mean. If you look at the social media comments that led to job losses after Kirk’s murder, they tended to range from tasteless celebrations to “he deserved it.” If you believe that Kirk’s past actions were divisive or discriminatory, say so without a cruel spin. The more outrageous your comment, the more likely your opinion will be shared widely and invite backlash. Make your points with facts, not venom.
- Be conscious of your professional role. If you work for government or any public entity, think about the impact on your employer if your angry comment goes viral. Could it lead to a boycott? Funding cuts? A loss of public trust? If you’re in direct contact with the public or have a management title, you’re particularly vulnerable. You will be seen as a face of your employer whether you like it or not.
- The First Amendment doesn’t protect your speech from your private employer.At most workplaces across the county — without a contract, union or legislative protections — you can lose your job just because your boss decides to fire you. If you wouldn’t express an opinion to co-workers, you may not want to post it on your social media, either.
- If you work for the government and allege that your free-speech rights were denied, a court will first determine whether your social media post concerned a public issue. If so, then a court is likely to apply the Pickering-Connick test, which weighs your right of free expression against how much disruption your post caused your employer. Given the times, the latter is likely to be substantial.
- Know who your friends are. On a platform like Facebook, you can decide to share your post with just your “friends.” However, all it takes is for one friend to be deeply offended and share your post with the world. You would do well to assume that anything you post may be seen by many more people than you might expect.
- Be careful of what you share and “like.” Before you reflexively pass along something, you’ll want to check the post carefully for credibility and authorship. Forwarding the post of a neo-Nazi won’t serve you well. Neither will the sharing of misleading memes, be they left- or right-wing.
- Posts are forever. Don’t assume that intemperate comments you made on social media will never come back to haunt you. Many employers are now actively investigating the social media history of prospective hires. Speech can have consequences.
- Inform rather than aggravate. Use your social media to advance your beliefs if you wish, but make your case thoughtfully, perhaps linking to an article from a respected source that can support your point. The best posts illuminate rather than alienate.
- There are no guarantees. You can do everything outlined here, be perfectly reasonable and make your argument with a civil tone, but still face consequences because your post somehow rankled the person who signs your paycheck. Still, your best protection lies in constructive conversations, comments supported by facts and thoughts shared in good faith. Free speech is most valuable when it opens doors instead of slamming them.
Ken Paulson is the director of the Free Speech Center at Middle Tennessee State University.
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