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Home » Law In Travel » Frontier Pilot Suspended: Online Bullying or Protected Speech?
FrontierLaw In Travel

Frontier Pilot Suspended: Online Bullying or Protected Speech?

Matthew Klint Posted onAugust 25, 2018November 14, 2023 10 Comments

a plane flying in the sky

A Frontier Airlines pilot was suspended for allegedly encouraging children to beat up a transgender student in Oklahoma.

Some context first. In rural Oklahoma, a 12-year-old transgender student began using the female restroom in the new school year after using the staff restroom in previous years. This caused an uproar in the community, leading to death threats against the student. Per CNN,

Facebook commenters called the seventh grader, “it” and “thing.” One Facebook poster suggested it was open hunting season for transgender people, and others advocated for the 12-year-old to be stabbed or beaten up.

One of those commenting in the private Facebook group was Frontier Airlines pilot Kevin Bickerstaff. He allegedly said:

Just tell the kids to kick ass in the bathroom and it won’t want to come back!!

a screenshot of a chat

The Facebook thread was eventually made public and the threats prompted the school to shut down for two days in fear of the student’s safety.

When Frontier caught wind that one its pilots had threatened the student, it suspended him.

Frontier Airlines prides itself on setting an example as a respectful workplace and we do not condone discrimination. We have long-established standards of conduct, to which all employees must agree to adhere, that among other things require people to act in a professional manner and to treat each other with genuine respect and kindness.

Protected Speech?

Protected speech and online bullying are not mutually exclusive. Bickerstaff was likely not breaking any laws in expressing his rhetoric online. His views are likely protected First Amendment speech. I say likely because it is possible to construe his words as inciting violence, which is not protected speech.

But you have to remember that the First Amendment protects citizens from government censorship. Frontier Airlines is not directly bound by the First Amendment and need not tolerate unfettered free speech from its employees. While it cannot discriminate on the basis of race, creed, color, ethnicity, national origin, religion, or sex (and increasingly sexual orientation, gender expression, or age in many jurisdictions), it can discriminate on the basis of moral and political viewpoints.

It’s true that Bickerstaff was not representing himself as a Frontier Pilot let alone as a representative of his employer, but that’s not the standard. Bickerstaff has a picture of himself on his Facebook page behind a Frontier aircraft. Thus, Bickerstaff and Frontier were linked and even if they were not, Frontier does not have to employee those who threatens children.

CONCLUSION

A personal note. Whatever your views on transgender issues, can we not agree how utterly reprehensible Bickerstaff’s comment was? No one is an it. Calling for the bullying or beating of any child represents vile hatred that is utterly indefensible and intolerable.

As Frontier weighs what to do with this pilot, ask yourself this: would you want a man who calls for the “ass kicking” of a 12-year old piloting your next flight?

image: Frontier

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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10 Comments

  1. Marcus Reply
    August 25, 2018 at 12:06 pm

    Usually when you join any big company as part of your contract it mentions how you have to behave regarding social media etc and anything that brings the company into disrepute is not allowed.

    Even if his account was private it was brought to the attention of the media and Frontier was then entangled into it so they have every right to suspend (and hopefully fire) him.

    People seem to hide behind the notion of free speech to promote their offensive views.

    Yes, everyone should be allowed to say what they want but to advocate violence towards a child especially one who would likely be going through a very traumatic and emotionally hard time is just ridiculous and that kind of person shouldn’t be responsible for something carrying so many people.

    You’d think adults would be more mature.

  2. Kenneth Reply
    August 25, 2018 at 1:08 pm

    Kudos to Frontier. Now, let’s hope they take the next step and “ass kick” this Neanderthal out of the company.

  3. Neh Reply
    August 25, 2018 at 2:32 pm

    The airline is 100% correct. Kudos to Frontier. If I worked for an airline and said “kill or hurt him/it” and the airline found out then I could be in trouble.

  4. Parag Reply
    August 25, 2018 at 3:43 pm

    Freedom of speech does not equal freedom from consequences

  5. Paolo Reply
    August 26, 2018 at 2:53 am

    Hateful man, should be fired asap.

  6. Billiken Reply
    August 26, 2018 at 11:55 am

    As you noted, the First Amendment does not apply to private companies.

  7. Mitch Cumstein Reply
    August 26, 2018 at 5:05 pm

    Which bathroom should transgendered kids use? This is a complicated question and I’m not sure anyone really know the answer. But I think we can all agree that threatening a child is wrong in all circumstances.

    • Z Reply
      August 27, 2018 at 3:25 am

      Why is it a complicated question? A person, kid or adult, should be able to use the restroom associated with their gender.

  8. Rick Reply
    January 10, 2019 at 6:19 pm

    When you are such a hateful racist that you have to remove everything from your Facebook page because the world is attacking you…..

    His little girls must be so proud. Just look at the fine example he is setting for them.

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