After Charlie Kirk’s death, public universities fired and censured employees who posted critical comments about the conservative icon. Months later, and partly due to legal pressure, a small number of schools are changing course.
In recent months, at least three fired professors have regained their jobs, and three more have had their suspensions lifted or investigations concluded favorably. One of those employees, Darren Michael of Austin Peay State University in Tennessee, also secured a $500,000 settlement from the public university Tennessean, according to a USA TODAY Network member.
Universities are not alone in taking action. Employers across the United States have fired hundreds of people for making disrespectful comments about Kirk, Reuters reported. But the university prides itself on being a center of open inquiry where hate speech is a subject of debate.
Additionally, free speech experts say the First Amendment allows government officials to speak out as private citizens about events that affect the public. Mr. Kirk had millions of followers on social media, and the assassination of a public figure with ties to the Trump administration fits the bill. Additionally, many of the fired professors shared their statements on their personal social media accounts, not necessarily as school emissaries.
That doesn’t mean public officials have carte blanche to what they say. Complaints about private matters, such as an employee’s criticism of a supervisor, are similarly not protected. And courts must balance the First Amendment rights of employees with the agency’s ability to operate.
Zach Greenberg, a faculty barrister with the free speech group Foundation for Individual Rights and Expression, said he was encouraged to see the university reinstate the professors, but said they should never have been punished in the first place. He added that sanctioning the professors would likely encourage other professors to stand by their statements.
“It’s disappointing to see universities bowing to pressure to fire faculty members who express their opinions online,” Greenberg wrote, “as if the First Amendment were an expedient to be tossed aside on a whim.”
The professor is condemned nationally, but especially in red states.
USA TODAY investigated the cases of 31 public university employees who were fired or disciplined for posting comments about Kirk, who frequently criticizes higher education. Most of their statements, posted online, were critical of conservative agitators.
In many cases, staff members shared comments on their personal, sometimes private, social media accounts. However, their posts managed to escape from the closed circle. Comments were often shared by local and national elected officials, as well as large online accounts like TikTok’s Lib, a right-wing influencer account with millions of followers, leading to a flood of hateful messages for both the posters and their employers.
Most of the accused professors identified by USA TODAY were at public universities in red states, with Florida, South Carolina and Tennessee having the highest numbers. Those fired included tenured professors, adjuncts, administrators and support staff. Their comments included expressing indifference or glee over Kirk’s death, sharing words said by conservative speakers themselves, and labeling Kirk a Nazi.
So did Philip Michael Hook, a tenured professor at the University of South Dakota. The university told Mr. Hook in September that it planned to fire him after he failed to make “big statements” about Kirk and called him a “Nazi who spreads hate.” But Mr. Hook filed a lawsuit, and by October, the public university relented.
In a statement sent by his attorney, Jim Leach, Hook said he was excited to “continue to teach students at the University of South Dakota,” where he has taught for nearly 20 years.
“Please understand that the First Amendment prohibits punishing speech on public issues, no matter how much state or national leaders or others may object,” Hook’s statement said.
The University of South Dakota did not respond to USA TODAY’s request for comment.
Fired Austin Peay State University professor Darren Michael shared a post referencing Kirk’s 2023 comments, saying some gun deaths were “unfortunately” justified to preserve the Second Amendment. Those comments were shared widely online, including by Sen. Marsha Blackburn, R-Tennessee.
The university fired him shortly after, saying he was fired for comments that were “interpreted by many to be insensitive, disrespectful, and promoting the rationalization of wrongful death.” His lawyer, David King, said Michael and his family were shocked by his firing.
“His 12-year-old daughter was scared to death of what was going on and thought she might have to leave her friends,” King said.
But by October, the school backtracked, saying it had suspended Michael and was about to fire him. Then, on Dec. 30, Austin Peay announced that Michael would be returned to his job for failing to follow “the required termination procedures in this matter.”
Austin Peay State University spokeswoman Gina Hallman confirmed that Michael was fired but has since been reinstated to his tenured position. The university is “committed to fostering an environment in which our community can teach, learn and participate openly and responsibly,” she added.
Different responses even within the same university
Florida Atlantic University placed three employees on administrative leave over comments about Kirk, but only two were reinstated. Karen Reeder and Kate Pollack posted critical comments about Kirk. In contrast, Rebel Cole shared a pro-Kirk comment to those celebrating the Conservative leader’s death: “We’re going to hunt you down.”
All three were dragged out of the classroom, the leader first. She said she has been sharing comments, most of which were written by others, primarily to draw attention to what Kirk has said about race, gender and other topics. She emphasized that she was not suspended, but was placed on a leave of absence while the university conducted an investigation.
Although she had no problem with the behavior, she became concerned when University President Adam Hasner announced on September 13 that he had placed an unnamed university employee on administrative leave.
At that time, a person could only be a leader, she said. Lib on Tik Tok reposted Hasner’s statement, identifying the leader as a professor and posting a photo of her. That led to a wave of harassment that led leaders to call local and campus police.
“I literally don’t leave the house,” she said after the post went viral. “I’m scared. I’m getting death threats. I’m getting calls saying, ‘I know where you live.'”
Shortly after, the university placed Cole and Pollack on administrative leave. It also hired an outside investigator to investigate the professors’ conduct. Mr. Cole and Mr. Rieder both have tenure and are not currently on administrative leave. Cole is suing for an unspecified amount of damages.
“The cost to Florida taxpayers is already enormous and will continue to grow,” Cole wrote on LinkedIn about his reinstatement and the lawsuit.
Reeder said he spoke with a lawyer thanks to the Foundation for Individual Rights and Expression. She said she would not seek personal financial damages but would like the university to address the defamation and stress she has suffered.
Pollack said she remains on leave and the investigation is ongoing. She is a lecturer without the same tenure protections as Cole and Reeder, and said she worries the university will keep her on administrative leave until her contract expires later this year. She has legal counsel.
Florida Atlantic University did not respond to USA TODAY’s questions about the professors’ suspensions.
Meanwhile, Clemson University, a land-grant public university in South Carolina, has reinstated fired professor Joshua Breggie, but the university has no intention of returning to the classroom. Breggie shared posts written by others that read, “‘Just like Mr. Kirk says, play a specific game and win a specific prize.'”
“No one should be shot to death. Elementary school students, influencers, politicians, no one should be shot to death.” “But am I going to allow people to make martyrs out of flawed human beings who have done significant damage through that rhetoric? Not likely.”
Breggie was fired, along with another professor, Melvin Villaver, and staff member Robin Newberry, following a wave of public outrage from local MPs who threatened to strip the school of funding.
With help from the ACLU, Mr. Breggie sued the university, alleging that administrators violated his First Amendment rights. By January, he and the school had reached a settlement. He has agreed to step down at the end of his original contract in May and will continue to receive his previous salary and benefits. Although he will not return to the classroom, the university will require him to provide “positive letters of recommendation” to future employers. ”
“We were honored to represent Dr. Breggie and reach an agreement that restores his employment, allows him to continue pursuing research funding, and prevents the university from violating the faculty’s First Amendment rights in the future,” his attorney and ACLU of South Carolina Legal Director Allen Chaney said in a statement.
Villaver declined to comment. Newberry said she initially tried to find a lawyer to take her case, but couldn’t afford the lawyer’s fees. Clemson did not respond to USA TODAY’s request for comment about the other employees’ situations.
I returned to the classroom, but the fear continued.
Samatha Balemba, a criminal justice professor at Montana State University Northern, thought her posts would remain among her friends on her private Facebook feed. She wrote, “Oh my god-! Someone shot Charlie Kirk in the neck! Not that I condone violence, but maybe people are tired of the garbage he spews?” After he passed away, she added, “Update: He has passed away. Oh so bad. Thoughts and prayers.”
The next day, she said, she was placed on leave without being investigated. Balemba and her husband are from Canada and are applying for permanent residency. Her visa is determined by her job. They feared they might be deported.
“I didn’t know what was going to happen,” Baremba said. “And I thought, ‘Maybe they can say, I have tenure, but it doesn’t matter.'”
For now, her tenure protection appears to have won. Two months after her suspension, the university allowed her to return to campus, in part due to pressure from the Individual Rights Expression Foundation. She then returned to teaching.
The university did not respond to USA TODAY’s request for comment.
Although she is grateful to be back, she worries about the repercussions in the future. For example, she received questions from administrators about why some spring classes had low attendance. She also wondered if she would ever receive an award or committee assignment from the university again. She deleted her Facebook account.
“I feel like if we say something, it will be used against us,” she said. “Because I’m no longer allowed to actually say how I feel.”
Chris Quintana is an investigative reporter for USA TODAY. He can be reached at cquintana@usatoday.com or Signal at 202-308-9021. He joins X at @CQuintanaDC
