A former lawyer for the Missouri Department of Elementary and Secondary Education filed a lawsuit Monday claiming that a social media post she reposted after Charlie Kirk's killing in September led to her termination from the position a week later.
The lawsuit was filed against Karla Eslinger, who was the Missouri commissioner of education at the time, claiming two counts of retaliatory termination of employment and deprivation of the employee's First Amendment right to free speech. Eslinger retired June 1.
The employee, Lindsey Phoenix, became an attorney for the state in 2010 and began working for DESE in 2023. She previously served as a prosecutor for two years and a public defender for 10 years, according to the lawsuit.
While employed with DESE, Phoenix was a mid-level, subordinate attorney working on a six-person team primarily on internal compliance and employee training, according to the lawsuit.
DESE requires its employees to abide by its policy relating to the posting of online and social media statements, according to the lawsuit.
Part of the employee training Phoenix was responsible for conducting included telling state employees how they could exercise their free speech rights online as private citizens in a way that would not jeopardize their public employment. The lawsuit alleges Phoenix was told to communicate to employees that they could express themselves in any way they wanted so long as they did not affiliate themselves with DESE or the state.
Phoenix regularly conducted these trainings and was familiar with the intricacies of the policy, the lawsuit says.
Shortly after Charlie Kirk was killed Sept. 10, Phoenix reposted a meme related to the incident on her Instagram story, on her private personal account, according to the lawsuit. The meme read, "Delulu is no longer the solulu, what we need is revolulu, with a side of assassinunu," according to the lawsuit.
The lawsuit alleges Phoenix did not post the Instagram story while she was at work, and that her private account did not mention her employment anywhere.
In the 24 hours the story was visible, one of Phoenix's followers allegedly screenshotted it and complained directly to Eslinger. Phoenix's direct supervisor informed Phoenix of the complaint Sept. 15 and reassured her that she had not violated any policies, according to the lawsuit.
On Sept. 17, Phoenix was brought into a meeting in which she was terminated from her employment with the state, according to the lawsuit.
The lawsuit references Missouri State Law Section 36.159, which prohibits individuals from threating or coercing state employees to engage or not engage in political activity, and Missouri State Law Section 36.155, which allows state employees to participate in political campaigns and activities of political parties. It alleges that under these laws, state employees' private political expression does not disrupt state agencies' ability to function.
Lucas Bond, DESE chief communications officer, declined to comment and said "DESE does not comment on personnel matters and pending legal issues."
The lawsuit argues that public employees do not lose their free speech right by way of their employment status with the government if they are expressing themselves as private citizens. It emphasizes that Phoenix's Instagram story did not impact how she or others did their jobs and did not disrupt the functioning of her office.
In the lawsuit, Phoenix requests injunctive relief, which would either reinstate her in her job or offer other appropriate prospective relief, and an award of compensatory damages, which include lost wages, lost benefits and emotional distress. She requests a jury trial on both counts.
