ollowing the assassination of Charlie Kirk, thousands of people took to social media to react. Some people posted content celebrating or mocking the political commentator's death. Others, outraged by these posts, called on employers to take action against the employees who wrote them.
For employers, this presents a difficult legal question: can an employee be disciplined or terminated for offensive online speech about a political figure? In Louisiana, the answer is more complicated than you might think.
While the First Amendment does not protect employees from discipline by private employers, Louisiana law provides unique safeguards. Under La. R.S. §§ 23:961–62, no employer with 20 or more employees shall:
(1) "make, adopt, or enforce any rule, regulation, or policy forbidding or preventing any of his employees from engaging or participating in politics";
(2) "adopt or enforce any rule, regulation, or policy which will control, direct, or tend to control or direct the political activities or affiliations of his employees"; or
(3) "coerce or influence, or attempt to coerce or influence any of his employees by means of threats of discharge or of loss of employment in case such employees should support or become affiliated with any particular political faction or organization, or participate in political activities of any nature or character." La. Stat. Ann. § 23:961 (emphasis added).
Violations can carry fines of up to $2,000 and even potential jail time.
Against this backdrop, posting about the death of a political commentator – even in a manner employers may find distasteful or inconsistent with their values – could very well qualify as "participat[ing] in political activities of any nature or character," such that terminating an employee for these types of posts may violate Louisiana law.
The takeaway for Louisiana employers: disciplining an employee for controversial political online speech can carry significant legal risks. Before taking action, employers should weigh their options carefully, consider any potential reputational impacts, and consult counsel to navigate this sensitive intersection of workplace culture and state law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
