Freedom of Speech Gets Its First Court Case After Charlie Kirk
The legal limits of free speech around Charlie Kirk are about to be tested in court
“Although this is clearly an opinion on a controversial subject, it is fully protected by the First Amendment,” Suzanne Swierc’s ACLU lawyers wrote.
Sept. 22, 2025, 5:09 PM EDT By Jordan Rubin
Litigation following the fatal shooting of Charlie Kirk is starting up in court — not only against his alleged killer but also for people who’ve been fired for their speech.
One of the latest examples comes from Suzanne Swierc, a practicing Catholic who was fired from Indiana’s Ball State University after she made a private Facebook post in which she wrote that “if you think Charlie Kirk was a wonderful person, we can’t be friends.” She called Kirk’s death a “tragedy” and said she’s praying “for his soul,” while calling his death “a reflection of the violence, fear, and hatred he sowed.”
Kirk’s supporters and some of his detractors alike have eulogized him as a free speech advocate. Now, the legal limits of speech about Kirk will be tested in court.
“Although this is clearly an opinion on a controversial subject, it is fully protected by the First Amendment,” Swierc’s lawyers with the ACLU of Indiana wrote of her social media post, which is pasted on page four of her civil complaint, filed Monday. “Her firing was unconstitutional, and she is entitled to declaratory and injunctive relief and her damages,” they wrote.
The suit was filed against the president of the university, Geoffrey Mearns, who will have an opportunity to respond to the complaint before a judge weighs in.
In a statement, Ball State cited a federal appeals court’s decision in another school case last month to justify Swierc’s firing. That case involved a high school teacher who, as the appeals court summarized, “posted a series of vulgar, intemperate, and racially insensitive messages to a large audience of recent” high school alumni, and the appeals court noted that it was the teacher’s “third strike and not an isolated incident.”
Swierc’s lawyers will likely attempt to distinguish that precedent in her favor. While it’s early in the litigation, the known facts of her case suggest that they should be able to do so on multiple fronts.
Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
- media
-
MSNBC News - Breaking News and News Today / Latest News
-
Deadline: Legal Blog
- Jordan Rubin
-
Deadline: Legal Blog
- Disney.com / The official home for all things Disney
- Bloomberg Law - Legal Research Software
- organizations
- American Civil Liberties Union / The ACLU dares to create a more perfect union — beyond one person, party, or side. Our mission is to realize this promise of the United States Constitution for all and expand the reach of its guarantees.
- political parties
- Democrat Party
- Trumpian Party
- universities
- Ball State University / Muncie, Indiana / We Fly / Ball State University
- Utah Valley University / Utah Valley University
- venues
- State Farm Stadium
- companies
- Nexstar Media Group, Inc. / A Leading Local Media Company With National Reach
- Sinclair, Inc
- foreign governments
- state, local governments
- IN.gov / The Official Website of the State of Indiana
- federal government
-
Constitution of the United States
- U.S. Constitution - Article I / Library of Congress
- U.S. Constitution - Article II / Library of Congress
- U.S. Constitution - Article III / Library of Congress
- U.S. Constitution - Article IV / Library of Congress
- U.S. Constitution - Article V / Library of Congress
- U.S. Constitution - Article VI / Library of Congress
- U.S. Constitution - Article VII / Library of Congress
- First Amendment - Library of Congress
- Supreme Court of the United States (SCOTUS)
- US Courts
- Department of Justice (DOJ)
- Federal Reserve
- Federal Reserve Board - Federal Reserve Act
- U.S. Department of the Treasury
- Congress
- President of the United States (POTUS)
- White House (WH)
- Trump autocracy
- Trump crime family
- Donald J Trump
- Eric F. Trump / LinkedIn
- Donald Trump Jr. / LinkedIn
- Ivanka Trump
- Jared Kushner
- Barron Trump
- grifter
- self-dealing
- corruption
- con artist
- criminal
- cryptocurrency
- criminal associates
- criminal businesses
- criminal media
- criminal organizations
- criminal partners
- Turning Point USA
- Home - Stephen K Bannon’s War Room
- Candace Owens
-
Infowars
- Alex Jones
- Laura Loomer
Related Posts
- 2025-10-08: World Stock Market Closing Indexes: Americas (Strong Gains). Europe, Middle East, & Africa (Strong Gains). Asia Pacific (Mixed).
- Latest Lies From Trumpian Senators: FBI 'Wiretapped' Them. No, They Didn't Listen In; They Captured Number Dialed & Call Duratio
- Trump Is Trying to Extort Universities For Research Grants, Giving Up Constitutional Rights