Lesson Learned – Stay off Facebook
The U.S. District Court for the District of Minnesota ruled in favor of a healthcare system in a case where a physician alleged that her removal from her position as Chair of the Obstetrics and Gynecology department violated her First Amendment rights. The physician served for years in various leadership roles within the healthcare system and consistently received positive feedback from patients and peers. However, trouble arose in 2020 when she made a series of politically charged and controversial statements on her personal Facebook page about George Floyd and Black Lives Matter. After various efforts were made to mend relationships within the department, the Medical Executive Committee voted to remove the physician from her chair position, though she remained employed by the healthcare system. She subsequently resigned and filed suit, alleging retaliation and violation of her constitutional rights. However, the district court found that the healthcare system’s interest in promoting the efficiency of the critical public services it performs as a safety net hospital outweighed the physician’s interest in free expression. As such, in this context, the physician’s speech was not constitutionally protected and there was no First Amendment violation when she was removed from her position as chair. Gustilo v. Hennepin Healthcare System, Inc.