After Charlie Kirk’s death, workers learn the limits of free speech in and out of their jobs

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“In this scenario, if somebody feels like one of their employees has done something that suggests they are glorifying or celebrating a murder, an employer might still be able to fire them even with one of those laws on the books,” Collis said.

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For public employees, which can range from school teachers and postal workers to elected officials, the process is a bit different. That’s because the First Amendment plays a unique role when the government is the employer, Collis explains — and the Supreme Court has ruled that if an employee is acting in a private capacity but speaking on a matter of public concern, they’re protected.

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However, that has yet to stop the public sector from restricting speech in the aftermath of Kirk’s death. For instance, leaders at the Pentagon unveiled a “zero tolerance” policy for any posts or comments from troops that make light of or celebrate the killing of Kirk.

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The policy, announced by the Pentagon’s top spokesman Sean Parnell on social media Thursday, came hours after numerous conservative military influencers and activists began forwarding posts they considered problematic to Parnell and his boss, defense secretary Pete Hegseth.

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“It is unacceptable for military personnel and Department of War civilians to celebrate or mock the assassination of a fellow American,” Parnell wrote Thursday.

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A surge of political debate

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The ubiquity of social media is making it easier than ever to share opinions about politics and major news events as they’re unfolding. But posting on social media leaves a record, and in times of escalating political polarization, those declarations can be seen as damaging to the reputation of an individual or their employer.

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“People don’t realize when they’re on social media, it is the town square,” said Amy Dufrane, CEO of the Human Resource Certification Institute. “They’re not having a private conversation with the neighbor over the fence. They’re really broadcasting their views.”

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Political debates are certainly not limited to social media and are increasingly making their way into the workplace as well.

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“The gamification of the way we communicate in the workplace, Slack and Teams, chat and all these things, they’re very similar to how you might interact on Instagram or other social media, so I do think that makes it feel a little less formal and somebody might be more inclined to take to take a step and say, ‘Oh, I can’t believe this happened,”‘ Matsis-McCready said.

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Employers are not ready

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In the tense, divided climate of the U.S., many human resource professionals have expressed that they’re unprepared to address politically charged discussions in the workplace, according to the Human Resource Certification Institute. But those conversations are going to happen, so employers need to set policies about what is acceptable or unacceptable workplace conduct, Dufrane said.

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“HR has got to really drill down and make sure that they’re super clear on their policies and practices and communicating to their employees on what are their responsibilities as an employee of the organization,” Dufrane said.

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Many employers are reviewing their policies on political speech and providing training about what appropriate conduct looks like, both inside and outside the organization, she said. And the brutal nature of Kirk’s killing may have led some of them to react more strongly in the days that followed his death.

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“Because of the violent nature of what some political discussion is now about, I think there is a real concern from employers that they want to keep the workplace safe and that they’re being extra vigilant about anything that could be viewed as a threat, which is their duty,” Matsis-McCreedy said.