The ACLU of Indiana today filed a lawsuit against the president of Ball State University for firing an employee who posted about the death of Charlie Kirk on social media. The lawsuit alleges her termination is a violation of her First Amendment right to free speech.
The terminated employee, Suzanne Swierc, stated in a private Facebook post that although Charlie Kirk’s death was a tragedy and although she prays for his soul, his death reflects the hatred, fear and violence that he sowed. She emphasized that this in no way excused his killing.
Although her Facebook settings were private, someone obtained a screenshot of the post, highlighted portions of it, and created an image of the post alongside her employee listing in the Ball State University online staff directory. That image was then submitted to and shared on Indiana Attorney General Todd Rokita’s “Eyes on Education” Portal, as well as numerous public-facing social media sites. The Attorney General also shared the image on his Facebook page,
Days later, Ball State University President Geoffrey Mearns met with Swierc to inform her that she was being terminated, effective immediately. Swierc was not permitted to have an attorney present at the meeting, and a letter signed by Mearns indicated the Facebook post was the only reason for her termination.
Stevie Pactor, Senior Staff Attorney ACLU of Indiana, issued the following statement:
“People do not forfeit their First Amendment rights when they are hired by government institutions. Public employees are free to speak on matters of public concern, so long as they are speaking as private citizens. Swierc’s Facebook post clearly meets these criteria, and her termination was unconstitutional.”
The complaint can be found here.
