The Charlie Kirk supporters are getting amped up about firing anyone who disparages the late activist. Secy. of Defense Pete Hegseth has said explicitly that he and DOD will “track” DOD staffers and military members who say negative things about Charlie Kirk. Ok, but is that lawful? In a country with free speech, can your employer fire you for political statements?

Private sector employers can indeed fire a person for making comments outside of work. The First Amendment of the U.S. Constitution only applies to state and local governments. The National Labor Relations Act allows workers to discuss the “terms and conditions” of their jobs. But, otherwise, a private sector employer can fire an employee for any silly reason. That would be true in any state with at-will employments. Some 40 states have at-will employment. Texas is an at-will state.

Dept. of Defense

It is very unusual for the Department of Defense to indicate it will “track” DOD employees who say negative things about Charlie Kirk. Mr. Kirk was not in the military chain-of-command. In a statement on twitter/X, spokesman Sean Parnell stated: “It is unacceptable for military personnel and Department of War (Defense) civilians to celebrate or mock the assassination of a fellow American.” But, there is no apparent reason – other than stark politics – why the military should care what is said about a murdered activist. It is terrible that Mr. Kirk was killed. But, he had no supervisory responsibility in DOD.

Disparaging persons in the chain-of-command would lead to concerns about good order and discipline. But, Mr. Kirk had no such role. And, of course, the First Amendment does apply to Executive branch departments. It is ironic that folks are trying to silence the free speech of persons who themselves are discussing a free speech activist.

The First Amendment does applies to actions taken by state and local governments. So long as a school teacher or a state employees is talking within their personal capacity about Mr. Kirk or any other political issue, they enjoy free speech protection. See San Antonio Express News report here for more information. For more information on free speech rights for government employees, see the ACLU website here.