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Claim Over Firing for Kirk-Assassination-Related Post Can Go Forward, Court Rules

Eugene Volokh | 4.23.2026 9:04 AM

From McVeigh v. Kelly, decided last week by Chief Judge Allen Winsor (M.D. Fla.):

The facts come from the complaint, and at this stage I accept all well-pleaded factual allegations as true.

McVeigh worked for the Department as a financial administrator. Shortly after Charlie Kirk's assassination, McVeigh posted a photograph of Kirk on his private Instagram account with the caption, "At least this racist just didn't get a nicked ear. Where were all the good guys with guns though? THOUGHTS AND PRAYERS. LET'S NOT MAKE THIS POLITICAL etc." Only McVeigh's friends could access the private Instagram account, which did not identify McVeigh or his employer.

McVeigh also changed his Facebook photo to a graphic that read, "Not the American government asking us not to wish death on people." This photo was not private and was visible to any Internet user. But like the initial Instagram post, this Facebook account did not identify the Department as McVeigh's employer.

At some point, an acquaintance texted McVeigh about the posts, accusing McVeigh of "wishing death" on "individuals who shared Kirk's beliefs." After reflection, McVeigh edited his post "to remove one sentence for tone."

On September 15—five days after the assassination—McVeigh received a termination letter from HR. The HR officer told him it had "[s]omething to do with Charlie Kirk … a post you made or something........

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