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Supervisors Intensify Regulation of Discourse Following Kirk's Homicide

Employees are facing job losses due to online comments regarding a shooting incident. Is it appropriate for employers to police social media content?

Management Intensifies Control over Employee Speech following Kirk's Homicide
Management Intensifies Control over Employee Speech following Kirk's Homicide

Supervisors Intensify Regulation of Discourse Following Kirk's Homicide

In recent times, employers across various industries have found themselves in a challenging position, as they grapple with managing the personal views expressed by their employees on social media platforms. This new role as potential content moderators has arisen due to the fallout from controversial posts made in response to the murder of conservative activist Charlie Kirk.

Several prominent companies, such as Delta Air Lines Inc., United Airlines Holdings Inc., American Airlines Group Inc., Perkins Coie, Nasdaq Inc., and the Carolina Panthers, have taken disciplinary action against employees who made inappropriate posts regarding Kirk's death. This trend, however, raises questions about the immense challenges that may lie ahead, including the sheer volume of content to sift through, handling grey zones, and accusations of bias.

Vice President JD Vance has encouraged employers to call out employees who celebrate Kirk's murder and their employers. Meanwhile, some supporters of Kirk have resorted to pressuring companies to terminate employees due to a lack of other recourse, as the posts in question are not illegal.

However, many employees remain unaware of their company's social media policies or what they entail. This lack of knowledge could lead to misunderstandings and potential disputes.

In light of these developments, experts suggest that companies should establish a set of principles and guidance that is not reactionary but rather a proactive approach to social media conduct. Alison Taylor, a New York University business school professor and author, advocates for such a strategy. According to Taylor, the line of acceptable social media behavior should not shift based on the current administration or public pressure.

Companies that fail to apply their social media policies consistently risk being accused of playing politics. If a company's policy becomes 'we only take action when the mob comes for us,' it undermines its credibility.

Moreover, companies risk facing accusations of bias if they do not apply their social media policies fairly. Attorney General Pam Bondi conceded that it's free speech but not appropriate for employment.

A company that did not fire employees for distasteful posts about the murder of Minnesota state Representative Melissa Hortman should not fire employees for similar rhetoric about Charlie Kirk. Consistency in policy application is key to maintaining credibility and fairness in these sensitive situations.

Employers need to consider employees who say horrible things and should not be working with them. However, they must also be careful to respect the principles of free speech and avoid overreach in their monitoring and disciplinary actions.

As the landscape of social media and its impact on the workplace continues to evolve, companies must strive to find a balance between upholding their values and respecting the rights of their employees. This delicate dance will require clear communication, consistent policies, and a commitment to fairness and respect.

The author of this article, Beth Kowitt, is a Bloomberg Opinion columnist covering corporate America, previously a senior writer and editor at Fortune Magazine.

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