Judge rules that former employee could be fired for posting cake on Facebook

A former employee of the state’s Department of Public Safety is now facing potential dismissal for posting a cake on social media in a case that has become a symbol of a backlash against public safety workers.

Lawyers for the state employee, who asked that her name not be published, filed a motion Friday in U.S. District Court for the Northern District of Texas arguing that she violated her civil rights by posting a picture of the cake and the words “cake shop owner is a racist.”

The attorney for the Department of State Police, which owns the bakery, argued in court papers that the employee posted the cake in her own private space, as she has done for years.

State police are investigating the posting and are asking for witnesses to come forward.