Posting opinions online takes seconds, but a few harsh words on social media could present months of First Amendment litigation and expensive attorney fees.
While the Constitution limits which speech the government can regulate, those protections don’t extend to the private sector.
After the one-year anniversary of conservative podcaster Charlie Kirk’s death, memories of the online backlash following his death resurfaced?. Kirk’s death in 2025 prompted a flurry of controversial comments online, including one made by Alachua County School Board member Tina Certain that garnered public criticism and support in equal measure.
In a since-deleted Facebook post from her personal account, Certain called Kirk a “31yr old uneducated white boy.” Despite being accused of unprofessional conduct, Certain’s position as a school board member granted her the protection of the First Amendment.
If she had made those comments while working in the private sector, she wouldn’t have those same protections, and her employer would have every right to fire her if they saw fit.
Gary Edinger, a Gainesville First Amendment attorney, said the constitution only limits government action, so employers of private companies can address staff’s social media usage however they see fit.
Edinger is often contacted by former private sector employees who were fired over a post they made on social media, he said, and he informs them they can’t take any legal action against their employers.
Most people have misconceptions about what and how speech is protected on social media, he said.
While people who post controversial opinions or hate speech on social media face repercussions in their work life, he said, they usually can’t be held criminally liable.
Online speech is granted the same protection by the First Amendment as verbal speech, Edinger said. The constitution shields everything from politics to celebrity gossip, and the government can only legally interfere in specific exceptions, such as cases where true threats are made.
“You see this stuff on the internet, almost all of it is protected by the First Amendment,” Edinger said. “None of it is criminal, except for those very few instances that cross the margins of protection.”
So, how can social media posts get you in trouble?
Defamation is the most likely reason for a user to face consequences from a social media post, Edinger said.
If a person is mistakenly accused of committing a crime, or someone makes defamatory remarks – any false statements that hurt someone’s business or reputation – on Facebook, a person can face a defamation lawsuit, he said. While passing exaggerations are less likely to hold ground, Edinger said there are still instances where defamation suits can be actionable.
Contrary to popular belief, he said, an anonymous account can’t protect a user from facing legal consequences. There are ways for parties to legally obtain the true identity behind an anonymous account, he said, and use that to place charges.
“Don’t assume you’re anonymous, and don’t write something you wouldn’t want your mother to read,” Edinger said.
Larissa Lidsky, a UF Levin College of Law professor, emphasized the limits of online anonymity. Social media may give users a false sense of security, she said.
“It just is a mistake to think that anonymity really means anonymity on the internet,” Lidsky said. “Usually, it just means pseudonymity.”
She recalled several cases over the years where people were shocked to learn words they’d shared online had such consequences despite being posted under pseudonyms.
While the government may not be able to take legal action for words spewed behind a screen, a defamation suit from a private citizen can be terrifying to the everyday person. Stress, legal fees and uncertainty can add up regardless of whether the suit is won.
“I think we all should take care to remember that there are actual people on the other end of what we're saying,” Lidsky said. “We should take care that our words be rooted in reality and objective fact.”
The social impacts of online speech can create lasting ripples through personal and professional life, she added. For many, she said, those consequences can be just as damaging as legal action.
Preston Damsky, a then-29-year-old Levin College of Law student, was expelled in 2025 and given a three-year campus trespass order after posting violent, antisemitic posts on social media.
Damsky sued the university, claiming his speech was protected by the First Amendment. A federal judge initially ruled in favor of Damsky and ordered for him to be reinstated.
In response, UF argued Damsky posed a threat to the campus community, which triggered a federal appeals court to place a hold on the judge’s ruling. Damsky remains barred from campus while the case goes to a full federal trial. The final ruling is still pending.
While a public state institution like UF is unable to repress free speech, there are still actions a school can take if the speech disrupts the educational environment.
But while it’s important for students to be aware of potential discipline, Lidsky said, it’s just as vital for students to use their voice.
“I love being on a university campus because people are young and inspired and want to change the world, and you can't change the world without speaking,” she said. “That's what the First Amendment is about. You can't change the world for the better without getting out there and making your voice heard.”
How are UF students exercising their First Amendment rights?
UF students have taken this sentiment to heart, like Ace McLean, a 20-year-old public health junior.
McLean is the co-president of the Gainesville branch of the Sunrise Movement, an activism group dedicated to environmentalism and peaceful protest.
A member of the club since his freshman year, McLean said the organization is constantly thinking about the First Amendment and its limitations.
“We really try to work within those confines while also making sure that we're not compromising any of our values,” he said.
Sunrise often receives two types of members, McLean said: those who are extremely vocal and willing to get involved, and those who hesitate to speak out despite their passion because of potential ramifications.
“It's really trying to figure out: Where can we find avenues to make sure that these people feel like their concerns are being heard and that they're involved in some sort of way without making it feel like it's a gamble between fighting for their rights or fighting for their career?” he said.
The organization tries to make any risks to their members clear on social media, he said. While Sunrise is an entirely nonviolent organization, he said, there’s always at least some risk associated with exercising First Amendment rights.
McLean emphasized that while it can feel draining to take on larger issues as an individual, it’s important for community members to use their voices however they can. Some have made their largest impact outside traditional organization-based activism spaces, he said, and speaking up for others isn’t limited to active public protests.
“It's important to genuinely take care of yourself,” McLean said. “But never lose that fire that made you want to see better for your community.”
Contact Kaysheri Haffner at khaffner@alligator.org. Follow her on X @kaysheri_h.
Kaysheri is a senior journalism student and the Alligator's First Amendment reporter. When she isn't working on stories, she can be found at the gym or reading and drawing in a patch of sunlight.
