Sam Kuffel via the station’s old Facebook post.

THE LEAD: CBS58 in the Milwaukee TV market “parted ways” with meteorologist Sam Kuffel after the weather caster posted her displeasure about Elon Musk’s “hand gestures” on her social media account.

The 31-year-old graduate of UWM had been doing TV weather reporting around the state of Wisconsin since about 2016. The posts she made after the inauguration were being lambasted on Milwaukee conservative talk radio.

In one post on her personal Instagram account, Kuffel posted a picture of Musk at the podium, saying, “Dude Nazi saluted twice. TWICE. During the inauguration.”

She added, “You (expletive) with this and this man, I don’t (expletive) with you. Full stop.”

Kuffel then posted a GIF from “It’s Always Sunny in Philadelphia” on Instagram along with the saying, “Screw that old (expletive). He’s a Nazi.”

By late Tuesday, she had made her Instagram account private.

Kuffel told the Milwaukee Journal-Sentinel on Friday that she was, in fact, fired for the posts. She noted that she was “just voicing my personal opinion” on her private Instagram account, adding she was still processing the situation and weighing her options.

BACKGROUND: In case you were on Mars or one of the other planets Musk is apparently planning to conquer and missed it, Musk spoke after President Donald Trump’s swearing in and made two sweeping arm gestures.

For the sake of bending over backwards to provide a benefit of the doubt, let’s just say that those gestures had the same movement, angle, finger-stretch and general stridency associated with the “Sieg Heil” salute used during the Nazi Regime.

The Anti-Defamation League asked everyone to take a breath and relax after the “awkward gesture,” noting that we should all be giving each other some grace in this time of transition. The ADL later condemned Musk, grace period be damned,  after he took to Twitter/X and made some Nazi jokes about the situation.

Musk previously took heat for the antisemitism he allowed to foment on his Twitter/X platform, as well as his retweeting (or whatever we’re calling it now) of antisemitism. In 2023-24, as part of his “apology tour,” he ended up visiting Israel as well as taking a tour of the Auschwitz death camp.

In addition, he has endorsed the AfD, the far-right wing of German politics, and recently told an AfD rally audience that they need to “move past” the history they have related to the Nazi movement and get over “past guilt.”

A FEW BASIC (POSSIBLY UNPLEASANT) REMINDERS ABOUT FREE SPEECH: When a situation like Sam Kuffel’s hits the public eye, comments related to free speech, free press and other similar “rights” start flying all over the web and social media. To better deal with the situation, it’s important to keep a few basic rules of the game in mind:

The First Amendment is about the government: As part of the First Amendment to the Constitution, the government generally does not possess the right to curtail free speech or free press. What we’re talking about in the Kuffel case is a private enterprise making a decision about the activities of one of its employees. That’s different.

Law and ethics are completely different things: People have complained in various forums that the station should have stuck up for one of its own and kept Kuffel on the air. The question of if the news station SHOULD have fired her is one of ethics. The question of CAN the station fire her is one of the law. (See point one)

SOME ADDITIONAL UNPLEASANT REMINDERS: This situation mixes several key reminders I have to give my students each semester. These include:

• Free speech (even when properly understood vis a vis the First Amendment) does not mean consequence-free speech. You can publish without fear of government intervention, but many other things can happen to you in court or the court of public opinion in terms of consequences for what you say.
• Despite Kuffel’s contention that it was a “private” account, there is no such thing as private social media. Just ask this person. Or this person. Social media is available to EVERYONE and even if you have your settings locked on “double-super-secret-private pinky swear,” there is still a good chance it’s not going to remain “just among friends.”
• In most cases, where you work has a social media policy in place that is meant to keep your posts as sanitized as a bleach bath and as sharp as a bag of cotton balls. Know what it says before you violate it and find yourself looking for work.
• Think before you post.

DOCTOR OF PAPER HOT TAKE: Getting rid of Kuffel probably did a lot more harm than good in a number of obvious and oblique ways. I could do this for days, but let’s pick out a few key ones:

The optics are bad: Nothing says, “We are a proud member of the Fourth Estate,” like tossing the WEATHER PERSON under the bus after she made a stupid social media post. What? Were the higher-ups at the station worried that her disdain for Musk might lead to inaccurate forecasts over the next few months? (Spoiler Alert: She’s doing the weather in Wisconsin. It’s cold, colder and “holy crap, are your nostrils freezing together?” frigid.)

Seriously, you’re talking about a person best known for a weird weather beef with Erin Andrews. Her most recent piece for the station was about “pancake ice.” If you really worry about bias on the staff, start by getting Lance Allen to ask harder questions at the Packers press conferences.

If the theory is that if anyone at the station does something bad, then everyone at the station comes into question, OK. However, how is it that the station was totally cool hiring a journalist who got arrested at a Brewers game after a fistfight with another reporter? (Side note: Don’t include the phrase “is no stranger to Milwaukee, though” in his official station bio.)

Also, if you’re willing to dump the weather person, what happens when a news reporter wants to do a story that might lead to some upset people? If I worked there, I’d be asking for the “puppy and kitten beat” for the next few years.

You essentially killed a fly with a sledgehammer: Most of the experts that the news reports tried to find a balance in their comments. That said, they tended to agree that a) if there’s a policy that says “don’t call someone a Nazi on social media, even if they are a Nazi or we will fire you,” Kuffel likely had no cover and b) firing her seemed like overkill.

On point a, it’s likely not a policy like that. It’s probably some mushy “morals and standards” thing that the lawyers built into everyone’s contract to give them the right to fire anyone that the station felt did the company dirty. In those cases, it’s “fire her and let’s see if she’ll fight it.”

On point b, the station really did try to kill a fly with a sledgehammer. Kuffel was essentially saying what a lot of people were saying, although she used some “saltier” language to do it. It wasn’t on air, it wasn’t on the station’s social media and it probably wouldn’t have been a huge deal if we hadn’t suddenly become “Snitch Nation.” (More on that later.)

When local conservative radio host Jay Weber called Tim Walz’s neurodivergent son, Gus, “a blubbering bitch boy,” on his social media account, he got a two-week suspension. Greg Doyel of the Indy Star received a similar “time out” after a press conference exchange in which he awkwardly requested Caitlin Clark to flash him a “love sign” after each game. The Washington Post’s Dave Weigel only got a month suspension for a retweet  that noted “Every girl is bi. You just have to figure out if it’s polar or sexual.”

The last instance I can find of a media outlet firing a journalist in a way that drew public attention is when New York Magazine cut Olivia Nuzzi loose. In that case, she’d profiled RFK Jr. but also had been sexting him and sending him nudes, according to media reports.

Google “reporter suspended” and “reporter fired” and you’ll a good number of examples to decide which category Kuffel’s situation best mirrors.

 

You embolden Snitch Nation: This is the kind of thing that probably wouldn’t have gotten much traction, if not for the amplification of outrage that is local talk radio. Conservative media host Dan O’Donnell basically lit the “Bat Signal” in this case, criticizing Kuffel’s posts and working his audience into a lather over it. At that point, the station decided it had to do something to move out of the crosshairs of O’Donnell and crew, so they canned Kuffel.

This sets a precedent that any decent third-grade teacher will tell you is bad: Someone does something that’s maybe not all that great and a giant tattletale starts yelling “OOOHHHH! MS. SMITH! MS. SMITH! MS. SMITH! DID YOU SEE WHAT SAM DID?????,” thus getting everyone else to start yelling, “OOOOHHH!!! SAM’S IN TROUBLE!!!” Thus, rather than apply grown-up logic, you overreact and whip out the punishment stick to get the noise to stop.

What that does is a) make everyone afraid of the loud tattletale and b) make it seem like being a tattletale is how everyone should act. Not a great idea. I can’t wait to find out what happens if O’Donnell gets a whiff of this blog post…

(SIDE NOTE: You’d think a guy with high honors at a top-flight law school and a background in media himself would have better things to do than bullying a local meteorologist, but maybe that’s just my take…)

Letting loud idiots dictate your behavior doesn’t eliminate the problem. It literally leads to much bigger ones.

A MODEST PROPOSAL: As I was talking to Mom last night, she asked when the blog would be coming back and if I’d be covering this. After I assured her it was already half written, she asked what I thought would happen next on this. My answer is probably too logical and easy to make happen, but here it is:

If I had control of Weigel Broadcasting Co., CBS 58’s parent company, I’d quietly approach Kuffel and offer her another job at one of the other affiliates in the network, with the promise that Kuffel won’t sue for wrongful termination. This takes a potentially ugly legal battle off the table, gives Kuffel essentially a “suspension” instead of the death penalty and the company gets to keep a solid broadcast meteorologist.

I would also review the social media policies for the entire company and make sure a) they’re air tight, b) everyone gets a refresher course and c) the penalties for whatever will happen get spelled out clearly. This might also be a good time to let the news staff know where the network stands on backing its reporters if things get dicey or if anyone throws up a hissy fit. Or a Nazi salute.