Florida Wildlife Agency Settles Free Speech Lawsuit for $485,000

The Florida Fish and Wildlife Conservation Commission agreed to pay $485,000 to settle Brown v. Young, a First Amendment lawsuit filed by a former employee who was terminated after reposting a satirical Instagram story. The settlement provides the plaintiff with $275,000, consisting of $40,000 in back wages and $235,000 in compensatory damages, plus $210,000 in attorneys' fees and costs.

The Commission also agreed to issue a neutral reference for future employment inquiries and to allow the plaintiff to interact with agency staff and resources on the same basis as other external partners.

The plaintiff worked at the Commission monitoring imperiled shorebirds and seabirds. She reposted content from an Instagram account that offered satirical commentary on Charlie Kirk's statements about gun deaths and the Second Amendment. The post drew public criticism that was directed at the Commission, which then terminated the plaintiff.

She sued, alleging that the firing violated her First Amendment rights.

2015, a federal district court denied the plaintiff's request for a preliminary injunction ordering her reinstatement. The court found that the speech addressed a matter of public concern and was not part of her official duties, but concluded that the agency had shown a reasonable possibility of workplace disruption.

The case proceeded until the parties reached the current settlement. In exchange, the plaintiff resigned her position, dropped all claims, and released the Commission from further liability, including claims related to sanctions awarded the previous week.

The settlement also ends the litigation without a final court ruling on whether the plaintiff's free speech interests outweighed the agency's interest in operational efficiency.