Burnette Shutt & McDaniel represents employee fired after social media post

Burnette Shutt & McDaniel has filed what is believed to be the first lawsuit in the nation challenging the overreach of public employers who seek to silence employees’ voices for speaking on matters of public concern in the aftermath of Charlie Kirk’s murder.

The client, a decorated and well-respected teacher’s aide in Spartanburg County School District 5, lost her job solely because of an off-duty Facebook post, visible only to her friends, expressing concerns about gun violence and the interpretation of the Second Amendment. Her remarks were neither inappropriate nor disruptive.

Freedom of speech is not just a constitutional right—it is the lifeblood of democracy. It ensures that citizens can debate, question, and challenge those in power without fear of government retaliation. When public employers retaliate against employees for lawful speech, they undermine the very principles that make our democracy strong.

The U.S. Constitution guarantees the right to free expression. The South Carolina Constitution also enshrines freedom of speech as a core right. And under South Carolina law (S.C. Code Ann. § 16-17-560), employees are protected from retaliation for exercising their political rights.

Courts are often asked to balance the interests of the employee in their freedom of speech with the interests of the employer to run an efficient workplace. There is no question that District 5’s overreaction to an employee’s protected private speech crossed far over any reasonable line.

Public employees do not give up their rights as citizens when they take public employment. We will fight for this brave client and for the free speech rights of all Americans.