Palmetto Bay Pays $80,000 to Settle First Amendment Lawsuit Over Councilman’s Charlie Kirk Social Media Post

MIAMI, FL (October 27, 2026) — The ACLU of Florida announced today that Cody v. Village of Palmetto Bay, the federal First Amendment lawsuit filed on behalf of Palmetto Bay Village Councilman Steve Cody, has concluded in an $80,000 settlement over the Village’s retaliation against Cody for posting political satire about Charlie Kirk on his personal Facebook page.

On September 10, 2025, the day Kirk was killed, Cody shared a quote on Facebook in which Kirk had said that “it’s worth it” to have some gun deaths “so that we can have the Second Amendment to protect our other God-given rights.” Cody added his own commentary: “Charlie Kirk is a fitting sacrifice to our Lords: Smith & Wesson. Hallowed be their names.” The post was satirical political speech and, even if offensive or considered in poor taste by the Village Council, squarely within the tradition of robust political expression the First Amendment protects.

Cody’s colleagues on the Village Council initially responded in September 2025 with a censure resolution that acknowledged Cody’s speech was constitutionally protected. But the next month, the Village Council punished him anyway, removing him as the Council’s liaison to the Village’s Education Advisory Committee, rescinding his appointments to other boards and external bodies, stripping his authority to speak or act on the Council’s behalf, and barring him from presenting any official Village recognition at any event.

Cody challenged the Village’s punishments as viewpoint discrimination and retaliation for his First Amendment-protected speech. In the lawsuit, Cody sought only $1 in nominal damages, reinstatement to the Education Advisory Committee, and an injunction against the other punishments. Rather than rescind its retaliatory actions and pay $1, a majority of the Village Council chose to fight, and the Village ultimately agreed to pay $80,000 to settle the lawsuit.

“I’ve committed my life to serving my community,” said Councilman Steve Cody, “As part of my service, I brought this lawsuit to defend all of our freespeech rights. But instead of acknowledging their wrongs by removing the punitive resolutions and paying just the $1 I requested, the Village refused, which is now costing them tens of thousands of dollars. I hope this litigation says loud and clear that all of our sacred First Amendment rights matter. Infringing our rights will cost you.”

This settlement marks another significant victory for First Amendment rights in Florida, following a series of cases in which public officials sought to penalize individuals for social media commentary surrounding Charlie Kirk’s death. With all three of the ACLU of Florida cases now resolved in substantial monetary settlements, the outcomes reinforce a fundamental constitutional principle that government officials cannot wield the power of their offices to silence, intimidate, or retaliate against people whose views they find objectionable.

“The First Amendment protects public debate, including when the views expressed are unpopular, controversial, and satirical,” said Samantha Past, ACLU of Florida staff attorney. “This settlement sends an important message: the government cannot punish speech simply because officials disagree with it. The people have the right to elect representatives who can express themselves without fear of government retaliation.”

This resolution underscores what is at stake when government officials attempt to police political expression. The freedom to challenge those in power, voice dissenting opinions, and engage in robust public debate is essential to a functioning democracy. Defending the right to speak freely, especially when that speech is uncomfortable, is a shared responsibility, and it protects the liberties of us all.

For more information about the case, visit: https://www.aclufl.org/cases/cody-v-village-of-palmetto-bay/