Court revives pro-life firefighter’s suit against Arkansas city

By Michael Gryboski, Editor Thursday, August 14, 2025iStock/Alexander FarnsworthAn appeals court panel has revived a lawsuit against a city in Arkansas that terminated the employment of a firefighter because he posted a pro-life image on his personal Facebook account.A three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled Wednesday that the mayor of Forrest City was wrong to fire Steven Melton over an anti-abortion post he shared on Facebook in June 2020. Circuit Judge David Stras, a Trump appointee, authored the panel opinion, noting that there was “no suggestion that Forrest City employees require pre-approval to post on their personal social-media pages.”“The problem is that there was no showing that Melton’s post had an impact on the fire department itself. No current firefighter complained or confronted him about it. Nor did any co-worker or supervisor refuse to work with him,” wrote Stras.Melton was represented by the Alliance Defending Freedom, a legal nonprofit that has successfully argued First Amendment cases at the United States Supreme Court.ADF Senior Counsel Tyson Langhofer issued a statement on Wednesday noting that whenever “the government decides which topics are appropriate for debate, we all lose.”“The Eighth Circuit rightly recognized that the First Amendment’s bar on heckler’s vetoes protects the full-bodied discussions necessary for public debate,” stated Langhofer.“Governments can’t monopolize the marketplace of ideas, otherwise organizations like The Douglass Leadership Institute, The Radiance Foundation, and Speak for Life, which stand for life — especially in black communities that are disproportionately affected by abortion — wouldn’t be free to speak without fear of government reprisal.”In June 2020, Melton posted a photo on his Facebook profile showing a black and white image of a preborn baby with a hangman’s noose around its neck, along with the caption, “I can’t breathe.”A couple of weeks later, at the behest of a retired firefighter who was offended by the image as he believed it implied violence against a black child, Melton deleted the post.However, in response to posting the image, Forrest City Mayor Cedric Williams placed Melton on administrative leave and then fired him, despite Melton being apologetic about the post.In response, Melton filed a First Amendment retaliation complaint against city officials, with a district court ruling against the dismissed firefighter.In February 2024, a collection of groups, including The Douglass Leadership Institute, The Radiance Foundation and Speak for Life, filed an amicus brief in support of Melton.“The district court allowed the government to do something it could otherwise almost never do — punish a citizen for his private speech,” stated the brief.“The district court ruled that the personal offense of the mayor and hecklers in the community superseded Mr. Melton’s right to speak privately on a topic of public concern.”Follow Michael Gryboski on Twitter or Facebook