Florida fallout after Kirk killing raises First Amendment concerns

TALLAHASSEE, Fla. — In the days since conservative activist Charlie Kirk was killed in Utah, fallout in Florida has grown. Employees, teachers, and even immigrants are facing consequences for online remarks about his death, sparking a new debate about free speech.

Across the state, disciplinary actions are mounting. The University of Miami fired a former neurologist after reposting comments that administrators called “unacceptable.” Florida Atlantic University placed a tenured professor on leave, pending review of “repeated” online remarks. In Martin County, high school teacher Matthew Theobald was removed from classroom duties. And the Florida Fish and Wildlife Conservation Commission confirmed an employee was terminated for “making light” of the killing.

WATCH: Florida fallout after Kirk killing raises First Amendment concerns

Education Commissioner Anastasios Kamoutsas said Tuesday his office is actively investigating.

“What we're talking about is celebrating violence on school campuses, and that's not going to be tolerated,” Kamoutsas said. “When I find probable cause, then it goes off to an independent body, whether it's a division of administrative hearing judge, or it's the Education Practices Commission, and they would ultimately decide what the sanction is. I recommend the sanction, but ultimately they make the final decision.”

Legal experts note the actions raise First Amendment questions. Employment attorney Susan Norton with Allen Norton & Blue said the law treats public and private workplaces differently. Private employment means the First Amendment often doesn’t apply. The public sector, however, is another story. 

“It's kind of a fact-by-fact decision,” Norton explained. “The courts kind of use a balancing test to determine— they weigh the employees' interest in free speech versus the employer's right to maintain efficient operations and avoid disruption.”

Meanwhile, the fallout has extended to immigration. First reported by the Florida Phoenix, three of Florida’s four Cabinet officials — Chief Financial Officer Blaise Ingoglia, Attorney General James Uthmeier, and Agriculture Commissioner Wilton Simpson — are urging the federal government to revoke visas for migrants who praised Kirk’s death.

Ingoglia defended the move. 

“I believe in free speech, and I believe in the First Amendment, but that comes with responsibilities, and let's not forget that visa holders, student visa holders coming into the country are here as our guests,” said Ingoglia. “They should be thankful that they're allowed in the country, not, be out there inciting violence or, in this case, cheering on the assassination of a person who was just trying to debate the issues.”

Immigration attorneys caution that the U.S. State Department has broad discretion to revoke visas — and warn clients to avoid posting anything about the killing online.

“Number one, social media is only for puppies and flowers, and that's it. Nothing that can be misconstrued, against an individual,” immigration attorney Renata Castro with USA 4 ALL said. “We have such a wide plethora of immigration cases; things can always be interpreted in a way that's unfavorable.”

The clash underscores a larger national debate. Employers are policing workers’ online commentary while officials warn of prosecutions for what some call “hate speech.” Supporters argue that the actions protect public trust and safety, while critics contend that they risk chilling free expression in the wake of tragedy.

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