Professors Fired for Social Media Posts Are Returning to Work: What This Means for Free Speech in Academia

Following the death of conservative figure Charlie Kirk, public universities across the United States fired or censured employees who posted critical comments about him. Months later, with legal pressure mounting, several schools are reversing course.

Universities Reverse Course on Firings

In recent months, at least three fired professors have reclaimed their jobs, and three more have had suspensions lifted or investigations concluded in their favor. One of those employees, Darren Michael at Austin Peay State University in Tennessee, also secured a $500,000 settlement from his public university.

Universities weren't alone in their actions. A Reuters report found that employers across the country fired hundreds for sharing disrespectful remarks about Kirk. But universities pride themselves on being centers of open inquiry where hateful speech is met with debate.

Beyond that, free speech experts say the First Amendment allows government employees to speak as private citizens about events that affect the public. The assassination of a public figure – Kirk had millions of followers on social media and ties to the Trump administration – fits that bill. What's more, many of the fired professors shared their remarks on their personal social media accounts, not necessarily as envoys of their school.

That doesn't mean public employees have carte blanche in their statements. Complaints about private matters, such as an employee's criticism of their bosses, don't receive the same protection. And courts have to balance an employee's First Amendment rights against the government agency's ability to operate.

Zach Greenberg, faculty legal defense counsel at the free speech group Foundation for Individual Rights and Expression, said he was encouraged to see universities reinstating professors, but that they never should have been punished in the first place. He added that sanctioning the professors would likely cause others to guard what they say.

"It's disappointing to see universities fold under pressure to terminate faculty for expressing themselves online," Greenberg wrote, "as if the First Amendment is an expediency to be discarded at a whim."

Professors Censured Nationally, But Especially in Red States

USA TODAY reviewed the cases of 31 public university employees who were fired or otherwise faced disciplinary action for posting comments about Kirk, a frequent critic of higher education. Most of their remarks were posted online and were critical of the conservative provocateur.

In many cases, the staffers shared their comments on personal, and sometimes private, social media accounts. But their posts escaped their closed circles. Often, local and national lawmakers as well as large online accounts like Libs of TikTok – a right-wing influencer account with millions of followers – shared the comments, leading to a deluge of harassing messages for both the poster and their employer.

Most of the censured professors USA TODAY identified were at public universities in red states, with the most in Florida, South Carolina and Tennessee. Those fired were tenured professors, adjuncts, administrators and support staff. Their remarks included expressing indifference or glee about Kirk's passing, sharing words the conservative speaker had said himself and labeling Kirk as a Nazi.

That was the case for Phillip Michael Hook, a tenured art professor at the University of South Dakota. The university told Hook in September it planned to fire him after he posted he didn't give a "flying f---" about Kirk and called him a "hate spreading Nazi." But Hook sued, and by October the public university had relented.

In a statement sent by his attorney, Jim Leach, Hook said he was thrilled to "continue teaching my students at the University of South Dakota," an institution where he had taught for nearly two decades.

"I hope the State now understands that the First Amendment prohibits it from punishing anyone for speech about public issues – no matter how much State or national leaders or others disagree with it," Hook's statement read.

The University of South Dakota didn't respond to USA TODAY's request for comment.

Darren Michael, the fired Austin Peay State University professor, shared a post referencing a 2023 comment from Kirk in which he said that some gun deaths were "unfortunately" justified to keep the Second Amendment. Those comments were shared widely online, including by Senator Marsha Blackburn, a Tennessee Republican.

The university fired him shortly after, saying he was terminated for comments that were, "insensitive, disrespectful and interpreted by many as propagating justification for unlawful death." His attorney David King said Michael and his family were shocked by his termination.

"His 12-year old daughter was just scared to death of what was going on, thinking she was going to have to move away from her friends," King said.

But by October, the school backtracked, saying Michael was suspended, and it was trying to fire him. And on Dec. 30, Austin Peay announced it failed to follow its "required tenure termination process in this matter," and that Michael would get his job back.

Ginna Holleman, a spokeswoman for Austin Peay State University, confirmed that Michael had been terminated but has since returned to his tenured position. She added the university is "committed to fostering an environment where our community can teach, learn and engage openly and responsibly."

Different Responses Even at the Same University

Florida Atlantic University placed three employees on administrative leave tied to comments they shared about Kirk, but only two have returned. Karen Leader and Kate Polak posted critical comments about Kirk. In contrast, Rebel Cole shared pro-Kirk comments, saying, "We are going to hunt you down," directed toward those who celebrated the conservative speaker's death.

All three were pulled from the classroom, though Leader was the first. She said she had mainly shared comments-- most of them written by other people-- meant to draw attention to what Kirk had said about race, gender and other topics. She stressed she had not been suspended but rather put on leave for the university to conduct an investigation.

She was fine with that action, but she grew troubled when university president Adam Hasner announced on Sept. 13 that an unnamed university employee had been placed on leave.

At the time, that person could have only been Leader, she said. Libs of Tik Tok reposted Hasner's statement, identified Leader as the professor and included her photo. That led to a wave of harassment that led Leader to notify the local and campus police.

"I am literally not leaving my house," she said of the time after posts went viral. "I am terrified. I am getting death threats. I'm getting people calling me, saying, 'We know where you live.'"

The university placed Cole and Polak on leave shortly after. It also hired an outside investigator to review the professors' conduct. Cole and Leader, both of whom are tenured, are no longer on administrative leave. Cole is suing for an unspecified amount of damages.

"The cost to Florida taxpayers already is enormous and is about to get even larger," Cole wrote on his LinkedIn about his reinstatement and lawsuit.

Leader said she has spoken to legal counsel, thanks to the Foundation for Individual Rights and Expression. She said she does not plan to seek personal financial damages but wants the university to address the defamation and stress she endured.

Polak said she remains on leave and her investigation remains ongoing. She is an instructor without the same tenure protection as Cole and Leader, and she said she fears the university will keep her on leave until her contract expires later this year. She has legal counsel.

Florida Atlantic University did not answer USA TODAY's questions about the professors' suspensions.

Meanwhile, Clemson University, a public land-grant university in South Carolina, reinstated a professor it had fired, Joshua Bregy, but he won't return to the classroom. Bregy had shared a post written by someone else that read, among other things, "'As Kirk said, 'play certain games, win certain prizes.'"

"No one should be gunned down – not a school child, not an influencer, not a politician- no one," it continued. "But am I going to allow people to make a martyr out of a flawed human being whose rhetoric caused notable damage. Not a chance."

Bregy was fired along with another professor, Melvin Villaver, and a staffer, Robin Newberry, following a wave of public outrage, much of it from local lawmakers who threatened to yank the school's funding.

With the help of the ACLU, Bregy sued the university, saying administrators violated his First Amendment rights. By January, he and the school had settled. He agreed to resign at the end of his original contract in May, and he will receive pay and benefits through then as well. He will not return to the classroom, though the university will be required to provide "positive letters of recommendation" to future prospective employers.

"We were honored to represent Dr. Bregy and to reach an agreement that restores his employment, allows him to continue to pursue research funding, and deters the university from violating the First Amendment rights of its faculty in the future," said his attorney and ACLU of South Carolina Legal Director Allen Chaney in a statement.

Villaver declined to comment. Newberry said he initially tried to find an attorney to take on his case but couldn't afford the legal fees. Clemson did not return USA TODAY's request for comment on the status of the other employees.

Back in the Classroom, But Fear Persists

Samatha Balemba, a professor of criminal justice at Montana State University-Northern, thought her post would stay among friends on her private Facebook feed. She wrote, "Holy s----! Someone shot Charlie Kirk in the neck! Not condoning violence, but maybe people are sick of the garbage he spews, perhaps?" After he died, she added, "Update: He died. Aw shucks. Thoughts and prayers."

The next day she was placed on leave without an investigation she said. Balemba and her husband are from Canada and in the process of permanent residency. Her visa is dependent on her job. They feared they could be deported.

"We didn't know what was going to happen," Balemba said. "And I'm like, 'I have tenure, but maybe they can just say that doesn't matter."

Her tenure protections seem to have won out for now. Two months after her suspension, along with some pressure from Foundation for Individual Rights and Expression, the university allowed her to return to campus. She has since returned to teaching.

The university did not respond to USA TODAY's request for comment.

Though she's grateful to be back, she worries there might be repercussions down the line. For example, she received questions from the administration about why she had low enrollment in some of her spring classes. She also wondered if she would receive awards or committee assignments from the university again. She deleted her Facebook account.

"It feels like if we say anything, it's going to be used against us," she said, "because you're not actually allowed to say what you feel anymore."