ACLU of Florida Announces Settlement for $250,0000 in First Amendment Lawsuit Over College Employee’s Firing for Political Speech

ORLANDO, FL – The American Civil Liberties Union of Florida and Kwall Barack Nadeau PLLC announced a settlement today in Santos v. Howse, a federal lawsuit challenging the termination of former Eastern Florida State College employee Erika Santos after she expressed her personal political views on social media following the death of conservative activist Charlie Kirk in September 2025.

The settlement resolves litigation brought by Santos, a former grant accountant at Eastern Florida State College, who was fired after posting commentary on her private Facebook account about Kirk’s political legacy. The lawsuit alleged that college officials violated Santos’ First Amendment rights by retaliating against her for expressing views as a private citizen on a matter of public concern.

Under the terms of the settlement, the Defendants will pay Santos $250,000, inclusive of damages, costs, and attorney’s fees.

“Freedom of speech means little if people must choose between expressing their beliefs and keeping their livelihoods,” said Michelle Morton, Staff Attorney, ACLU of Florida. “The First Amendment protects the right to engage in public debate, including when our views are unpopular, controversial, or critical of powerful figures. This resolution sends an important message: Public institutions cannot disregard constitutional protections simply because they disagree with what someone has to say.”

The ACLU of Florida and Kwall Barack Nadeau represented Santos in the lawsuit filed in November 2025, arguing that Santos’ termination constituted unconstitutional retaliation and viewpoint discrimination. In August 2026, a federal court allowed the First Amendment retaliation claim against Santos’ former supervisor to proceed, rejecting the argument that the official was entitled to qualified immunity at that stage of the litigation.

The court recognized that longstanding legal precedent provided fair warning that terminating a public employee for speaking as a private citizen on a matter of public concern, without evidence of actual or reasonably anticipated workplace disruption, could violate the First Amendment.

“EFSC firing me due to someone’s anonymous submission about my private social media made it clear this was never about them putting their employees or students first,” said Erika Santos. Staying silent would have allowed them the opportunity to stand behind their own false narrative. Speaking up is how we protect our rights to free speech and everyday people, like me, deserve to understand that.”

The case arose amid broader efforts by public officials and institutions across Florida to punish individuals for expressing political opinions following Kirk’s death. The ACLU of Florida has challenged similar retaliation in other cases, emphasizing that constitutional protections do not depend on whether government officials approve of the views being expressed.

“This case was never about whether people agreed with Mr. Kirk,” said Ryan Barack, Kwall Barack Nadeau PPLC. “It was about whether the government could punish someone for participating in a national conversation on her own time, using her own voice. Our Constitution does not permit the government to turn political disagreement into a test of continued public employment. While no one should have this experience, it was a privilege to work alongside the dedicated attorneys at the ACLU of Florida to secure a meaningful settlement for Ms. Santos and reaffirm the fundamental constitutional protections at the heart of this case.”

The resolution comes at a critical moment for free expression in Florida, where government efforts to restrict speech and discourage dissent have raised growing concerns about the chilling effect on public discourse. The ACLU of Florida remains committed to defending the right of every Floridian to speak freely, question authority, and participate in civic life without fear of government retaliation.

The settlement can be read here.

For more information about the case, visit: https://www.aclufl.org/cases/santos-v-howse/