INDIANAPOLIS — The ACLU of Indiana has reached a settlement in its First Amendment lawsuit against Ball State University President Geoffrey Mearns on behalf of former university employee Suzanne Swierc, who was fired after making a private Facebook post about the death of Charlie Kirk.
The lawsuit alleged that Swierc’s firing violated the First Amendment. Although her Facebook settings were private, a screenshot of the post was taken and circulated publicly, including through Indiana Attorney General Todd Rokita’s “Eyes on Education” Portal and other public-facing social media accounts. Days later, Mearns informed Swierc that she was being terminated effective immediately. A letter signed by Mearns identified the post as the reason for her firing.
As a public university, Ball State cannot fire an employee for protected speech made as a private citizen on a matter of public concern. The settlement resolves Swierc’s claims and provides that she will receive $225,000. The agreement also allows Ball State employees to serve as references for Swierc and provides that, if asked, her supervisors will acknowledge her positive contributions to health promotion and advocacy work at the university.
“Suzanne was speaking as a private citizen on a matter of public concern when Ball State fired her over a private social media post,” said Stevie Pactor, Senior Staff Attorney at the ACLU of Indiana. “The First Amendment does not allow government institutions to retaliate in those circumstances, and this settlement reflects that.”
The settlement agreement was fully executed late last week.
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