A former Florida Fish and Wildlife Conservation Commission biologist has filed a federal lawsuit claiming she was fired for reposting a satirical social media message about Charlie Kirk's assassination, alleging her First Amendment rights were violated.
Brittney Brown, who worked as a Fisheries & Wildlife Biological Scientist III for seven years, filed the complaint Monday in U.S. District Court for the Northern District of Florida against FWC Executive Director Roger Young and Division Director Melissa Tucker.
The lawsuit stems from Brown's September 10 repost of a message from the parody Instagram account, "@awhalefact," that read:
"The whales are deeply saddened to learn of the shooting of Charlie Kirk, haha, just kidding, they care exactly as much as Charlie Kirk cared about children being shot in their classrooms, which is to say, not at all."
Brown shared the post to her private Instagram story while on vacation out of state. The post was set to disappear after 24 hours and was only visible to her approved followers.
On September 14, the "Libs of TikTok" social media account posted a screenshot of Brown's repost alongside her LinkedIn profile, calling for her termination and stating, "Your tax dollars pay her salary. She should be fired ASAP."
Hours later, FWC posted an official statement on social media saying the agency was "actively working towards a swift and immediate resolution regarding this individual's employment."
Brown was fired the next morning, September 15, less than 24 hours after the TikTok post. FWC announced her termination publicly, stating the agency has "a zero-tolerance policy towards the promotion of violence and hate."
According to the lawsuit, Brown's post was protected political speech that did not threaten anyone or call for violence. The complaint argues her message conveyed that "nature is indifferent to human affairs" and criticized Kirk's ideology supporting gun rights, even at the expense of innocents."
Brown, who graduated cum laude from North Carolina State University with a degree in Fisheries, Wildlife, & Conservation Biology, specialized in studying imperiled shorebirds and seabirds. She received performance-based raises annually since 2019 and won the "Got Your Back Award" at the 2024 FWC Shorebird Program Meeting.
The lawsuit claims FWC violated Brown's constitutional rights through content and viewpoint discrimination, arguing the agency terminated her based on opposition to her political views rather than any workplace disruption. Brown seeks reinstatement, back pay, damages, and attorney's fees.
The complaint notes that Brown's Instagram account had no connection to her FWC employment and that she did not identify herself as a state employee in the post. Her job duties involved studying birds, not whales, and she had no public-facing responsibilities.
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