Federal Court Denies Eastern Florida State College's 1st Amendment Dismissal Bid
Updated
Updated · Bloomberg Law · Aug 10
Federal Court Denies Eastern Florida State College's 1st Amendment Dismissal Bid
2 articles · Updated · Bloomberg Law · Aug 10
Summary
A federal district court let a grant accountant’s Section 1983 lawsuit proceed, rejecting Eastern Florida State College’s bid to dismiss First Amendment content and viewpoint discrimination claims over her firing.
The judge said qualified immunity was unavailable at this stage because Supreme Court precedent clearly established a public employee’s right to speak as a citizen on matters of public concern absent workplace disruption.
The suit stems from Facebook posts about a conservative activist who had been killed, which the accountant says led to her termination.
The ruling keeps the college facing constitutional claims that its response to the posts unlawfully discriminated based on content and viewpoint.