Federal employees are facing warnings from agency leaders to refrain from criticizing or mocking Charlie Kirk, the conservative influencer who was assassinated this week.
In some cases, employees have already been disciplined. The Homeland Security Department has already taken action against at least three staffers: a Federal Emergency Management Agency employee was placed on administrative leave, Fox News reported, after he posted on Instagram that President Trump had ordered flags at half staff “for the literal racist homophobe misogynist.”
“This employee’s words are revolting and unconscionable,” a FEMA spokesperson said. “He was immediately placed on administrative leave. Celebrating the death of a fellow American is appalling, unacceptable and sickening.”
The U.S. Coast Guard said on Thursday one of its employees posted on their personal social media a note regarding Kirk that was “contrary to our core values” and vowed to “take appropriate action and hold the individual accountable.” The Secret Service also placed an employee on leave for saying anyone mourning Kirk should “delete” them because Kirk “spewed hate and racism,” according to The New York Post.
On Friday, Veterans Affairs Department Secretary Doug Collins warned employees against “justifying, celebrating or mocking” Kirk’s death. He said such comments would lead to more violence and anyone making them “will be dealt with accordingly.”
That followed the Defense Department issuing similar warnings: the Pentagon’s chief spokesperson Sean Parnell said, referring to the department by the administration’s preferred name, that it was “unacceptable for military personnel and Department of War civilians to celebrate or mock the assassination of a fellow American.” The department will have “zero tolerance” for such behavior. Defense Secretary Pete Hegseth added the Pentagon was “tracking all these very closely” and would address any issues immediately.
Kirk, a right-wing organizer and commentator, was shot and killed when speaking at an event at Utah Valley University on Wednesday. State and federal authorities announced on Friday that Tyler Robinson had been arrested for the assassination.
Ryan Nerney, Managing Partner at Tully Rinckey PLLC, a law firm that represents federal employees, said Supreme Court precedent has established that public employees face certain “protected speech” restrictions when speaking in their official capacities, engaged in conduct unbecoming federal workers or when they could incite violence.
“Generally speaking, federal employees can be disciplined for personal comments if they are disruptive to the workplace, violate ethics rules, violate agency policies or are deemed ‘conduct unbecoming’ a federal employee, among other things,” Nerney said. “Each case is looked at on a case by case basis, so determining if an agency has overstepped its authority in impeding on a person’s First Amendment rights depends on the specific language used by the employee and other circumstances.”
The FEMA spokesperson suggested the disciplined employee had acted unprofessionally.
“Such behavior does not reflect the values of public service, and it will not be tolerated among individuals entrusted to work at FEMA,” the spokesperson said. “We expect all public servants to uphold the highest standard of professionalism, respect and integrity.”