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Sharing fiery views at work about the Massachusetts mom accused of killing her three young children could get you canned and still be legal, according to an expert on employment law who is following the case.
Lindsay Clancy, 36, is accused of strangling her children — Cora, 5, Dawson, 3, and Callan, 8 months — and trying to end her own life by dropping from a second-floor window after sending her husband to pick up takeout and something from a pharmacy, according to the Plymouth County District Attorney’s Office.
The case has drawn national attention, pro-Clancy protesters to the courthouse and impassioned discussions about who is responsible online after her defense argued she is not guilty by reason of insanity or mental defect.
“That disciplinary measure, it’s not on its face illegal if you get fired for starting, you know, fiery speech about Lindsay Clancy and how you support her,” said Nicole Brenecki, a New York-based attorney who specializes in employment law.
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Still, Brenecki warned, a fired employee could still raise legal concerns if their Clancy-related statements were used as a pretext to get rid of them for other reasons.
“If a case like this came to the court system, it would not be viewed in the context of the free speech alone,” she said. “It would also be viewed in the contexts of employment laws.”
LINDSAY CLANCY TRIAL: POSTPARTUM IS REAL, BUT CHILD KILLING DEMANDS ACCOUNTABILITY, VETERAN PROSECUTOR SAYS
As a “general rule,” however, she said employers would be allowed to prohibit such discussions about the case.
Other considerations would involve whether the speech took place during working hours, disrupted business operations or whether there was discrimination against protected groups involved in the firing.
“Every single case in our court system is very highly and intensely fact-based,” she said. “So we cannot give…any specific explanation as to whether something would be illegal or not. We have to look at the facts.”
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Still, Brenecki advised against arguing over strong opinions at the water cooler.
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“If you truly want to voice them in a workplace, then be prepared to have to find greener pastures,” she said.
There could be other consequences as well. Earlier this month, an attorney named Alex Thomason said in a TikTok video of his own that he has already spoken with men involved in custody disputes with women who have been posting the “solidarity hold a heart thing” for Clancy.
In one instance, he said, he is looking to have a woman’s visitation rights stripped away.
“I want to be able to have a forensic psychiatrist interview this woman just to see how wack-a-doodle she is, and we’re gonna use her TikTok posts,” he said.
LINDSAY CLANCY DESCRIBED A MALE VOICE ORDERING HER TO ‘KILL HER CHILDREN AND KILL HERSELF’: TESTIMONY
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Defense attorney Kevin Reddington has argued that Clancy was under the effects of postpartum psychosis, while prosecutors allege she acted deliberately and understood what she was doing was wrong.
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Dozens of supporters have rallied outside the courthouse, carrying signs and wearing shirts with phrases like, “Stand in Peace for Lindsay.”
LINDSAY CLANCY DIDN’T SHOW ‘BREAK WITH REALITY’ AS JURY WEIGHS PSYCHOSIS DEFENSE: SUSAN SMITH PROSECUTOR
Jurors began deliberating after both sides delivered their closing arguments Thursday.
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PROSECUTOR IN INFAMOUS KILLER MOM CASE SAYS WOMEN ON LINDSAY CLANCY JURY MAY BRING ‘STRANGE TWIST’ TO VERDICT
They will decide whether Clancy is guilty of first-degree murder, second-degree murder or manslaughter in the deaths of her three children — or not criminally responsible by reason of the insanity defense.
WATCH: Jury instructions outline verdict options in Lindsay Clancy trial
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If convicted of any of the three counts of first-degree murder she faces, Clancy would see a sentence of life in prison without the possibility of parole.
WATCH: Judge commends attorneys for efforts in ’emotionally taxing’ Lindsay Clancy trial
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Fox News’ Adam Sabes contributed to this report.
