Brittany Brown said political pressures from Tallahassee pose a threat to employees of state agencies.
A former Florida Fish and Wildlife Conservation Commission biologist will receive a $485,000 settlement to end her federal lawsuit accusing the FWC of violating her free-speech rights by firing her for comments she made about the late Charlie Kirk.
Brittney Brown agreed to end her legal dispute with the FWC on May 20. Brown’s lawsuit, which was filed in September of last year in the Northern District of Florida, alleged that the commission’s director and another staff member violated her First Amendment rights by terminating her employment with the state agency in the wake of a private Instagram post.
That post about the conservative political commentator, who was fatally shot last year, stated, “the whales are deeply saddened to learn of the shooting of charlie kirk, haha just kidding, they care exactly as much as charlie kirk cared about children being shot in their classrooms, which is to say, not at all.”
State officials falsely argued in court that the post led to “significant operational disruption” and resulted in hundreds of public complaints, according to the ACLU of Florida, which was part of Brown’s legal team.
“... The U.S. District Court for the Northern District of Florida entered an order imposing sanctions on an FWC official who submitted a false affidavit and on the law firm of Lawson Huck Gonzalez for engaging in vexatious litigation on behalf of the state,” the ACLU of Florida reported. “A trial had been scheduled for June 2026.”
The settlement payment consists of $235,000 in compensatory damages, $40,000 in back pay and $210,000 in attorney fees and legal costs. The agreement settles all claims related to the litigation and requires Brown to submit a letter of resignation from the FWC.
“This is a no-reinstatement settlement,” the agreement says. “Employee waives and releases any claim to reinstatement, appointment, reappointment, employment, assignment, placement, transfer, promotion or any other prospective employment-related relief from FWC. …”
The FWC has also agreed to provide Brown with a neutral reference as she seeks future employment.
The state agency did not respond to requests to comment on the settlement.
Brown said in a prepared statement that the FWC has become “the governor’s personal puppet show.”
“The ‘Free State of Florida’ only provides First Amendment protections to those in favor with the current administration, while the rest of us are expected to fall in line or risk losing our livelihoods,” Brown said. “... This administration would rather spend Floridians’ tax dollars to line the pockets of the governor’s chosen law firms than admit they made a poor, politically motivated decision.”
Bacardi Jackson, the ACLU of Florida’s executive director, said Brown was the victim of retribution.
“She expressed a private thought on a private account, and the state of Florida destroyed her career for it – then lied in federal court to cover it up,” Jackson said. “That is not governance; that is retaliation. Brittney fought back when it would have been easier to walk away. …”
An ACLU of Florida staff attorney, Carrie McNamara, said the outcome of the case was a win for free speech.
“This settlement is a hard-won vindication for Brittany Brown and a clear message to state officials across Florida: You cannot fire public employees for expressing constitutionally protected views on their own time, on their own accounts, about matters of public concern,” McNamara said.
Brown’s case was not an isolated incident but part of a pattern by Florida officials to punish speech they disapprove of, she said.
