EXCLUSIVE: Coast Guard Contractor Fired Over Charlie Kirk Posts Scores Legal Victory Against Trump's DHS — as Judge Allows Lawsuit to Move Forward
Charlie Kirk's death sparked the social media posts at the center of Peter Souders' First Amendment retaliation lawsuit against federal officials.
Sept. 11 2026, Updated 8:43 p.m. ET
A former Coast Guard contractor who claims he was fired over social media posts about conservative activist Charlie Kirk has scored a major legal victory after a federal judge refused to toss his First Amendment retaliation lawsuit, RadarOnline.com can reveal.
According to court documents obtained by Radar, U.S. District Judge Timothy J. Kelly ruled Friday that Peter Souders can move forward with his central constitutional claim against federal officials and agencies after the government sought to have his case dismissed.
Judge Keeps First Amendment Fight Alive
Ex-Coast Guard contractor Peter Souders claims his employment unraveled after he posted about Charlie Kirk on Facebook following the conservative activist's killing.
Souders worked as an engineer and project manager for Advanced Concepts Enterprises, Inc., a contractor for the U.S. Coast Guard, where he worked on communications technology projects at Coast Guard headquarters in Washington, D.C.
He claims he received positive feedback during his short tenure before his employment abruptly unraveled following Kirk's September 2025 killing.
Souders allegedly posted comments about Kirk on Facebook after the conservative activist was shot and killed while speaking at a college event in Orem, Utah. The court said Souders alleges those posts caught the attention of officials inside both the Pentagon and the Department of Homeland Security.
Charlie Kirk Posts Allegedly Caught Federal Officials' Attention
Souders worked for a private contractor supporting the U.S. Coast Guard before he was allegedly ordered off the assignment.
According to the lawsuit, Michael Cogar, then a deputy assistant secretary of defense for civilian personnel policy, contacted a DHS official the following week regarding alleged "inappropriate behavior" by a Coast Guard contractor.
Greyson McGill, chief of staff for DHS's Under Secretary for Management, allegedly responded that he would "take care of the matter." McGill then allegedly emailed DHS personnel regarding a social media post connected to Souders and directed that he be offboarded "without delay."
Days later, Souders claims his employer received an email from the federal government directing that his Coast Guard work be terminated.
DHS Allegedly Ordered Him 'Offboarded'
Kirk was shot and killed while speaking at a college event in Orem, Utah, in September 2025.
ACES allegedly told Souders the company had no choice but to fire him because he had been hired specifically to perform work for the Coast Guard. Souders later sued DHS, the Department of Defense, and federal officials, accusing them of retaliating against him for constitutionally protected speech.
The government argued the dispute was essentially a contractual employment matter and belonged in the U.S. Court of Federal Claims rather than federal district court. Kelly rejected that argument.
The judge found Souders was not trying to enforce rights under the Coast Guard's contract with ACES, but was instead asserting First Amendment rights that existed independently of any government contract.
Judge Says Constitutional Claim Can Proceed
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The lawsuit alleges a Pentagon official contacted DHS about Souders before he was removed from his Coast Guard work.
The court pointed to prior cases involving federal contractors and noted the real issue was not whether a contract prohibited the government's actions, but whether the Constitution did.
Kelly therefore denied the government's attempt to dismiss Souders' First Amendment retaliation claim. The ruling was not a complete victory for Souders.
Kelly dismissed a separate standalone claim seeking declaratory judgment and also tossed Souders' request for a writ of mandamus, finding his surviving First Amendment claim could provide an adequate avenue for relief.
Souders is ultimately seeking, among other things, an order restoring his ability to work for the Coast Guard.
