Why I’m Writing About This Now
When news broke of Charlie Kirk’s recent death, the reaction was immediate and divided. Some people offered condolences and prayers. Others expressed relief, even joy, that a controversial voice was gone.
Scrolling through my feeds, I saw how quickly emotions spilled into social media. And it made me think: what happens when an employer or co-worker sees those posts? Can someone lose their job simply for speaking their mind online? Or, on the flip side, can a business owner protect the workplace from fallout when employees post political opinions that cause tension?
I get these questions often. And Colorado law has some very specific answers. Let’s walk through both sides.
Disclaimer: What follows is general information, not legal advice. Every situation is different, so if you’re facing this issue, talk with a qualified employment lawyer who can review your specific circumstances.
The Employee Perspective
If you’re an employee in Colorado, the good news is that the law strongly favors your right to express political opinions on your own time.
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C.R.S. 8-2-108 says your employer can’t create rules that ban you from engaging in politics. That includes posting opinions online, as long as it’s legal and off the clock.
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C.R.S. 8-2-102 protects you from being fired just because you belong to a certain political party.
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C.R.S. 24-34-402.5, often called the lawful off-duty activities statute, prevents employers from firing you for legal activities outside of work. Posting about politics from your couch usually qualifies.
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C.R.S. 8-2-127 stops employers from demanding your social media login or forcing you to adjust privacy settings.
And if you’re a government employee, you get another layer of protection. Courts have said that public employees can’t be fired for speaking out on issues of public concern unless that speech seriously disrupts workplace operations.
The takeaway: In most cases, your political opinions outside of work are yours to share.
The Employer Perspective
Now let’s flip the lens. If you’re an employer, you don’t have total freedom to fire someone just because you don’t like their politics. But you’re not powerless either.
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You can act if an employee’s speech crosses into harassment or threats, or if it creates a hostile work environment.
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You can act if the speech conflicts with legitimate business interests. For example, if your nonprofit depends on bipartisan support and an employee’s post undermines donor trust, you may have a defensible position.
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You can establish policies to maintain a separation between personal and professional life during working hours. What you can’t do is tell people what they can say on their personal accounts after hours.
Employers have to walk a fine line. Discipline for political expression should be tied to real business needs, not personal disagreement.
Gray Areas and Exceptions
Colorado law gives employees broad protections, but there are exceptions. A few examples:
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Bona fide job requirements: If political neutrality is essential to the role (think lobbyists, consultants, or judges’ clerks), the rules are tighter.
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Conflicts of interest: If an employee’s political work directly undermines the employer’s mission, the employer may have grounds for action.
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Public employees in policymaking positions: Political affiliation can matter if it influences how governmental goals are implemented.
For employees, this means that some jobs come with limitations. For employers, it means being cautious and documenting why a restriction or termination is necessary.
Real-World Examples
Here’s how this might play out:
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Employee scenario: A barista posts on Instagram, celebrating the death of a controversial political figure. Offensive? Maybe. Grounds for firing? Not if it was done off the clock and doesn’t target co-workers or customers.
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Employer scenario: A high-level nonprofit fundraiser tweets inflammatory comments about one political party. Donors pull funding. In that case, the employer might be justified in taking action.
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Public employee scenario: A county health director shares views on a divisive ballot measure. If the post sparks political pushback but doesn’t interfere with operations, the speech is probably protected. If neutrality is essential to the director’s leadership, it’s less clear.
Each case is fact-specific.
The Social Media Factor
Social media makes these questions harder. What feels like a private opinion can quickly become public and viral.
My advice to employees:
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Don’t assume privacy settings will protect you.
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Be mindful of tone. Posts that appear to be threats, harassment, or discriminatory attacks are not protected.
My advice to employers:
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Focus on workplace impact, not personal disagreement.
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Don’t overreach by trying to police private accounts. That’s off limits under Colorado law.
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Have clear, neutral policies in place about social media and workplace conduct.
Key Takeaways
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Employees: Your political opinions are strongly protected in Colorado, as long as they’re expressed legally, outside of work, and don’t cross into threats or harassment.
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Employers: You cannot fire someone simply for disagreeing with their political views, but you can take action if their expression interferes with business interests, workplace harmony, or specific job duties.
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Public employees: The First Amendment offers protections, but they’re balanced against the government’s interest in running effectively.
My Final Word
Politics is messy. Social media makes it messier. But the law in Colorado draws some pretty firm lines. Employees have broad rights to speak their minds. Employers have narrow but essential exceptions to protect their businesses.
The safest move on either side is not to guess. If you’re worried about whether you can post something, or if you’re an employer unsure how to handle a controversial post, get legal advice before acting.
I’ve spent my career helping people navigate exactly these kinds of issues. At Miller & Steiert in Littleton, I work with both employees and employers to understand their rights and obligations under Colorado law.
If you’re facing a tough decision about political speech in the workplace, let’s talk.
Discuss your situation with Andrew Contiguglia at Miller & Steiert.
