Lawsuits Challenge Discipline Over Private Facebook Posts

Two related legal disputes involve public employees disciplined over private Facebook comments about the death of conservative activist Charlie Kirk. At the University of South Dakota, art professor Phillip Michael Hook obtained a temporary restraining order after U.S. District Judge Karen Schreier ruled his off‑duty post calling Kirk “a hate spreading Nazi” is protected by the First Amendment and the university produced no evidence of disruption. In Indiana, Ball State University fired Suzanne Swierc, its Director of Health Promotion and Advocacy, after a private Facebook post saying Kirk’s death “is a reflection of the violence, fear, and hatred he sowed,” and the ACLU of Indiana has sued Ball State President Geoffrey Mearns for unconstitutional termination. Swierc’s private post was screenshotted and submitted to Indiana Attorney General Todd Rokita’s “Eyes on Education” portal and widely shared, leading to harassment and threats, and Ball State says the post caused campus disruption. The ACLU seeks Swierc’s reinstatement, expungement of her records, and damages, arguing she was fired without counsel and that her private speech on a matter of public concern is protected. Both matters underscore mounting litigation over how far public institutions may go in disciplining employees for private online speech.