ACLU Suing Ball State Over Social Media Post Firing

MUNCIE, Ind. — The ACLU has filed a lawsuit the president of Ball State University for firing an employee last Wednesday over a private social media post about conservative activist Charlie Kirk.

Suzanne Swierc worked at Ball State for two years as the Director of Health Promotion and Advocacy with the Division of Student Affairs.

In her post from September 10, which was when Kirk was killed, Swierc expressed that while Kirk’s death was a tragedy and she prayed for his family, she also felt it was a “reflection of the violence, fear, and hatred he sowed. She also wrote that she could not be friends with anyone who considered him a “wonderful person.”

Although Swierc’s Facebook page was set to be private, an image on her post, along with her work information, was submitted to a public online portal managed by Indiana Attorney General Todd Rokita. From there, the post circulated widely on social media, leading to threats and harassment directed at Swierc.

According to the lawsuit, Ball State staff members met with Swierc and fired her, saying her post was “inconsistent with the distinctive nature and trust” of her leadership role and caused significant disruption on campus. However, the lawsuit argues that her termination was a violation of her First Amendment rights to free speech as a private citizen.

“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, Stevie Pactor, a senior attorney for the ACLU of Indiana, said. “Swierc’s Facebook post clearly meets these criteria, and her termination was unconstitutional.”

The university confirmed Swierc’s termination, citing a federal ruling that allows schools to take action when an employee’s speech disrupts operations. However, the lawsuit says the Facebook post was the sole reason for her firing and that she was not allowed to have an attorney present at her termination meeting.

ACLU Suing Ball State Over Social Media Post Firing  was originally published on wibc.com