In September 2025, the tragic assassination of activist Charlie Kirk has triggered a wave of public outrage—not just over the act itself, but over how individuals and corporations are responding. A number of employees have been fired or disciplined for social media posts perceived as hateful or celebratory of violence. Companies such as Nasdaq have implemented zero-tolerance policies; Microsoft, Delta, Office Depot, and others have taken action after employees made controversial public comments. Reuters+2Business Insider+2
This moment underscores the need for businesses to review and tighten their social media policies. Below, we explore what companies typically do, what the law allows, and how employers should act when inappropriate posts arise. We also discuss key policy areas and protections against retaliation.
What Happened: People Fired for Hateful Comments
- Nasdaq fired a junior sustainability strategist after her social media posts celebrating or condoning violence related to the Charlie Kirk shooting. The company cited a zero-tolerance policy toward violence or commentary that supports or celebrates violent acts. Reuters
- Other companies—including Microsoft, Delta, Office Depot, Carolina Panthers, and law firms—have also disciplined or dismissed employees whose public content around Kirk’s death was judged inconsistent with corporate values or policy. Business Insider+2The Guardian+2
- Public sector employees (teachers, university staff, etc.) have also been suspended or fired for posts perceived as mocking or condoning violence. The Guardian+1
These cases highlight how real the risk is for reputational damage and employee conduct that spills into public perception, especially when social media content is tied to national discourse and political tension.
What Social Media Policies Typically Include to Protect Businesses
To prevent surprises and legal exposure, many organizations have policies that address:
- Code of Conduct & Values Statement
Clear statements reflecting company values, including respect, non-discrimination, and no support or celebration of violence or hate speech. - Scope of Covered Speech
Policies often define what kinds of speech (political, religious, off-duty, on-duty) are covered, whether private or public accounts count, whether posts outside work hours or with personal devices are included. - Examples of Prohibited Conduct
Specific examples: celebrating violence, using slurs, hate speech, threats, incitement, defamatory content. Concrete examples are more enforceable than vague “be nice” language. - Disciplinary Consequences
From warnings to suspension, termination. Having progressive steps, but in some cases, immediate termination for serious violations (e.g. threats or violence glorification). - Reporting & Investigation Process
How complaints are made, who investigates, steps for ensuring fairness and documentation, timelines. - Training & Communication
Regular reminders, training sessions so employees understand the policy, especially what is and isn’t acceptable. - Legal Compliance
Ensuring the policy is consistent with federal, state, and local law (e.g. anti-discrimination, free speech rights for public employees, labor laws, NLRA considerations).
Can an Employee Be Fired for Hateful Speech on a Private Social Media Platform?
Short answer: Yes — in many cases. The law provides limited protections, especially for private sector employers; speech on private social media is not absolutely protected. Whether termination is lawful depends on several factors:
- At-will employment: In many U.S. states, most private sector employment is “at will,” meaning an employer can fire an employee for almost any reason that does not violate specific law (e.g. discrimination, retaliation). Reviewing state statutes is essential. Levy Employment Law+1
- Off-duty conduct laws: Some states protect employees from termination based on lawful off-duty conduct, which may include speech outside work hours and away from employer’s premises—even on private social media. For example, New York, California, Colorado, Connecticut have laws providing certain protections. Hendershot Cowart P.C.+1
- Public employees: Different rules apply for public sector employees. First Amendment protections may limit the ability of government agencies to fire employees for speech concerning issues of public concern, depending on whether that speech disrupts governmental operations or violates job duties. LawInfo+2The Guardian+2
- Content severity and context: Even speech on private accounts may be actionable if it:
- is publicized broadly (screenshots, resharing)
- includes threats, harassment, violence
- violates company policy or undermines the business’s reputation
- affects workplace operations or co-workers
Thus, owning a policy that clearly defines what is unacceptable—even outside work hours—gives companies stronger footing.
What Companies Should Do When Employees Post Inappropriate Content
When an employer discovers that employees have posted content violating policy, best practices include:
- Immediate but measured response
- Assess the post carefully to confirm what was said, the context, audience, and impact.
- If necessary, temporarily suspend or restrict privileges while investigating.
- Investigate fairly and document
- Document the post, screenshots, timestamps.
- Interview the employee, get their side of the story.
- Evaluate whether this is a first offense, whether employee knew policy, etc.
- Apply policy consistently
- Use the same metrics for all employees regardless of position, political leaning, background.
- Avoid perception of bias. Uniform enforcement builds trust and reduces risk of legal claims.
- Disciplinary action appropriate to severity
- For milder violations: coaching, warnings, mandatory training.
- For serious violations (e.g. threats, celebration of violence, hate speech): termination may be warranted.
- Communicate with employees and stakeholders
- Issue internal communications reinforcing the company values and reminding of policy.
- If the case becomes public, prepare a statement that balances accountability, fairness, and the values the business upholds.
- Review and update the policy
- Ensure policy addresses gaps exposed by the incident.
- Adapt to changing technology and social expectations.
- Provide training to avoid repeat occurrences.
Key Areas to Include in a Robust Social Media Polic
To ensure policies are both enforceable and fair, key areas to cover are:
- Definitions & Scope: define “social media,” “private vs. public accounts,” what counts as hateful or violent content.
- Off-duty and Non-work communications: clarify how much speech outside work is covered.
- Protected classes and discrimination: reference protected characteristics (race, religion, gender, sexual orientation) and specify that content attacking protected groups is prohibited.
- Violence, threats, and glorification of harm: explicit prohibition.
- Political speech vs. harassment: many policy tensions arise when speech is political. Distinguish between expressing political opinions (which may be protected under some laws) vs incitement or threats.
- Privacy and use of employer property: what if speech is posted using company devices or during work hours?
- Consequences and process: what steps will happen when a violation is alleged, including investigative and appeal processes.
- Retaliation protection: employees who report violations or object to discipline should be protected from retaliation.
Retaliation Protection When Terminating Employees
Even when termination is lawful, employers must take care to avoid legal claims of retaliation or wrongful termination. Things to watch:
- Protected activity: If an employee previously complained about harassment, discrimination, or raised concerns about employer conduct, that is a protected activity under many laws. Termination in close proximity may be seen as retaliation.
- Documentation: Keep clear, contemporaneous records showing that the action is due to the content and policy violation—not due to the employee’s protected status or prior complaints.
- Consistency: If similarly situated employees (same level, similar misconduct) were disciplined differently, that can be a red flag.
- Transparency of process: Ensure that employees understand the policy, know what is prohibited, have been trained, have access to the policy. In some cases, ignorance of policy is not a defense — but fairness might require that policies are communicated and accessible.
- Legal review: Before termination, especially for high-profile cases, having legal counsel review possible exposure under state law, contracts, union agreements, or applicable free speech protections.
Legal Considerations & Free Speech
- The First Amendment protects citizens from government suppression of speech, but does not directly restrict private employers. Levy Employment Law+2LawInfo+2
- Laws at the state level sometimes limit employers in private sector from firing employees for lawful conduct occurring off duty, off premises, and outside work hours. But exceptions often apply if that conduct has impact on business, co-workers, or employer reputation. Hendershot Cowart P.C.+2Wikipedia+2
- Public sector employees often have more protection: courts apply tests (e.g. Pickering v. Board of Education) that weigh an employee’s speech rights against the employer’s interest in maintaining workplace efficiency and preventing disruption. Speech on matters of public concern tends to have more protection. Economic Policy Institute+2LawInfo+2
Conclusion
The Charlie Kirk murder and ensuing fallout serve as a stark reminder: companies cannot remain passive about what their employees post publicly—especially when speech crosses into hateful or violent territory. Firms that act pre-emptively, with clear, well-communicated social media policies, consistent enforcement, and proper legal safeguards are better positioned to preserve their reputations, reduce legal risk, and maintain working environments grounded in respect.
If your company hasn’t recently reviewed its social media policy—or if it hasn’t trained employees on what’s acceptable speech—it’s time to do so. Ensuring clarity, fairness, and legal compliance will help guard against incidents like those making headlines now, and help your organization act decisively and justly when they arise.