Lindsey Phoenix #

Introduction #

Lindsey Phoenix is a Missouri attorney who worked as legal counsel for the Missouri Department of Elementary and Secondary Education (DESE) from 2023 until her termination in September 2025. According to a lawsuit she filed in July 2026, Phoenix was fired two days after her supervisor assured her that a meme she had reposted to her private Instagram story — a post referencing the killing of conservative activist Charlie Kirk — violated no workplace policy. Her suit against then-commissioner of education Karla Eslinger alleges retaliatory termination and a violation of her First Amendment rights.

Background Information #

Phoenix became an attorney for the state of Missouri in 2010. Before joining DESE, she worked as a public defender for 10 years and as a prosecutor for two years, according to the lawsuit. She began at DESE in 2023 as a mid-level, subordinate attorney on a six-person team, handling matters focused primarily on internal compliance and employee training.

Her training duties, as described in the filing, later proved directly relevant. Phoenix was responsible for telling state employees how they could exercise their free-speech rights online as private citizens in a way that would not jeopardize their public employment — reportedly communicating that employees could express themselves in any way they wanted so long as they did not affiliate themselves with DESE or the state. The lawsuit says she regularly conducted these trainings and was familiar with the intricacies of DESE’s social media policy, which all employees are required to follow.

The Controversy or Incident That Led to Their Cancellation #

Allegations. The termination narrative below comes primarily from Phoenix’s own lawsuit, filed July 13, 2026, in Cole County against then-commissioner Karla Eslinger. DESE has declined to comment and will litigate the claims; its position is presented here only as reported. No criminal charges have been reported in connection with the post.

Charlie Kirk was killed on September 10, 2025. Shortly afterward, Phoenix reposted a meme about the killing to her Instagram story from her private personal account, according to the lawsuit. The meme read, “Delulu is no longer the solulu, what we need is revolulu, with a side of assassinunu”. Her account was not visible to the public, did not identify her as a DESE employee anywhere, and the story — which remains visible for only 24 hours — was not posted while she was at work, the suit alleges.

During that 24-hour window, one of Phoenix’s followers allegedly screenshotted the story and complained directly to Eslinger; KRCG reported that the follower was someone Phoenix knew from high school and found the post offensive. On September 15, 2025, Phoenix’s direct supervisor informed her of the complaint and reassured her that she had not violated any policies, according to the lawsuit. Two days later, on September 17, 2025, she was brought into a meeting and terminated. When she asked why she was fired, a human resources employee reportedly said only that Missouri was an “at-will” state.

The lawsuit asserts two counts against Eslinger — retaliatory termination of employment and deprivation of Phoenix’s First Amendment right to free speech. It cites Missouri Revised Statutes section 36.159, which prohibits threatening or coercing state employees to engage or not engage in political activity, and section 36.155, which allows state employees to participate in political campaigns and party activities, and argues that public employees do not lose their free-speech rights by way of their government employment when they speak as private citizens. The filing emphasizes that the Instagram story did not affect how Phoenix or others did their jobs and did not disrupt the functioning of her office.

Public Reaction and Consequences #

News of the lawsuit was reported across Missouri in mid-July 2026 by KOMU 8 and KRCG. DESE declined to discuss the firing: Lucas Bond, the department’s chief communications officer, told KOMU, “DESE does not comment on personnel matters and pending legal issues”. No statement defending the termination was reported; the department’s answer will come through the litigation.

Phoenix’s attorneys also dispute the at-will rationale reportedly offered for the firing, stating in the filing, “Even though Missouri is an ‘at-will’ employment state, at-will employment does not apply to illegal terminations”. The suit pairs that argument with the claim that DESE, through Phoenix’s own training duties, had instructed employees that private-citizen expression online was protected — an instruction the lawsuit says she both gave and followed.

Current Status #

As of the July 2026 reports, the case was pending litigation in Cole County. Phoenix requests injunctive relief — either reinstatement to her position or other appropriate prospective relief — and an award of compensatory damages including lost wages, lost benefits, and emotional distress; she also requests a jury trial on both counts. Eslinger, the named defendant, is no longer Missouri’s commissioner of education, having retired on June 1, 2026; Dr. Stacey Preis was appointed interim commissioner on June 15, 2026.

Impact on Their Career/Life #

The termination ended Phoenix’s tenure in DESE’s general counsel office and moved her from a decade-and-a-half career in public-sector law into a court fight over the circumstances of her dismissal. The case illustrates how little separation a public employee’s job and her private online life may have: a 24-hour Instagram story on an account with no visible tie to her employer allegedly cost her the position. It also places DESE in the position of defending a firing that, per her lawsuit, followed an express assurance that she had violated no policy — made to an attorney whose job included training other state employees on speaking online as private citizens without risking their jobs.