Ex-DESE lawyer sues after she says Instagram repost of Kirk meme led to termination

A former lawyer for the Missouri Department of Elementary and Secondary Education (DESE) has sued the department, saying her constitutional rights were violated when she was fired. Lindsey Phoenix filed the suit against former Missouri Commissioner of Education Dr. Karla Eslinger. Phoenix had been legal counsel for DESE since 2023. The lawsuit claims that Phoenix was fired after the September 10, 2025, assassination of Charlie Kirk. The suit states that Phoenix had reposted a meme in a story on her private Instagram. The lawsuit states that the meme said, “something to the effect of, ‘delulu is no longer the solulu. what we need is revolulu. with a side of assassinunu.'” Phoenix’s Instagram account was not visible to the public and did not identify her as working for DESE. It was posted as a story, which only lasts for 24 hours. During that time, someone she knew from high school was offended by the post and reported it to Dr. Eslinger. On September 17, 2025, Phoenix was fired. Phoenix’s lawyers point out that Missouri law allows for state workers to take part in political campaigns and political party activities, and that her supervisor had told her that she had not violated
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