FWC defends firing of biologist over social-media post

The Florida Fish and Wildlife Conservation Commission (FWC) is pushing back against claims that it violated a former employee’s First Amendment rights when she was fired over a social-media post about the murder of conservative activist Charlie Kirk.

Attorneys for FWC Executive Director Roger Young and Division Director Melissa Tucker said Thursday that the agency lawfully dismissed biologist Brittney Brown on September 15 to protect its credibility and maintain public trust.

“The First Amendment does not shield public employees from the consequences of speech that undermines the effectiveness, credibility, or public trust on which their agencies depend,” the agency’s legal filing stated. “Even if the post had some political dimension, FWC’s interest in maintaining credibility and neutrality far outweighs any minimal expressive value.”

Brown, who had worked for FWC for about seven years studying shorebirds and seabirds near Tyndall Air Force Base, filed a federal lawsuit on September 30. Her suit argues she was fired in retaliation for reposting a message on her personal Instagram account that read: “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.”

Her attorneys contend that Brown made the post on her personal phone while on vacation and that it had no connection to her job or FWC operations. “After all, she is a wildlife biologist, not a public information officer,” the filing stated.

The controversy erupted after the post was shared by the conservative account Libs of TikTok, which called for Brown’s firing. She was terminated the following day.

FWC’s attorneys argue that the agency acted appropriately to prevent “foreseeable disruption” and reputational harm. They emphasized that Brown held an “Other Personal Services” position — a classification that lacks the same employment protections as permanent state workers.

U.S. District Judge Mark Walker has scheduled a hearing on Brown’s request for reinstatement for November 10.

Kirk, founder of the conservative group Turning Point USA, was killed September 10 during an appearance at Utah Valley University.