The post upended her life.
Indiana Republican Attorney General Todd Rokita soon obtained a screenshot of the post by Swierc, an administrator at Ball State University, and added it to an official website naming and shaming educators for their comments about Kirk.
Libs of Tik Tok, a social media account dedicated to mocking liberals, shared her comments with its 4.4 million followers on X. A week after the post, the university fired her.
“The day that my private post was made public without my consent was one of the worst days of my life,” Swierc told reporters this past week. She said she received calls, texts and other harassing messages, including one suggesting she should be killed, that left her terrified.
A wave of firings and investigations has swept through academia and government in the wake of Kirk’s death, as state agencies, colleges and local school districts take action against employees over comments perceived as offensive or inappropriate. Dozens of workers in higher education alone have lost their jobs.
A Texas State University student was expelled after he publicly reenacted Kirk’s assassination; Texas Gov. Greg Abbott and other Republicans had called for the student’s expulsion. Clemson University in South Carolina fired one worker and removed two professors from teaching. The University of Mississippi fired an employee. An Idaho Department of Labor employee was terminated.
The purge is driven in part by Republican elected officials who are encouraging Americans to report co-workers, their children’s teachers and others who make comments seen as crossing the line. They have been egged on by the Trump administration, with Vice President JD Vance urging listeners of Kirk’s podcast to call the employer of anyone “celebrating” his killing.
President Donald Trump has threatened to expand the crackdown beyond Kirk, warning falsely in the Oval Office last week that negative press coverage of him is “really illegal,” despite constitutional protections for freedom of the press.
At Kirk’s memorial service, Trump said, “I hate my opponent.” His choice to lead the Federal Communications Commission threatened ABC over comments about the reaction to Kirk’s death made by the late-night comedian Jimmy Kimmel and the network pulled his show for several days.
Mark Johnson, a First Amendment attorney based in Kansas City, Missouri, who has been practicing law for 45 years, said he had never seen a moment like the current one.
“Not even close,” Johnson said. “What’s been happening in the last month is astonishing.”
In Indiana, Rokita is using his office’s “Eyes on Education” webpage to publicize examples of educators who have made controversial remarks about Kirk. The page, billed as a transparency tool, housed a hodgepodge of submitted complaints about teachers and schools in the past. Now, it also includes 28 Kirk-related submissions as of Thursday afternoon.
Wisconsin Republican U.S. Rep. Derrick Van Orden threatened to strip an entire town of federal funding after a high school math teacher noted on her personal Facebook page that Kirk had in the past said some gun deaths are worth it to have the Second Amendment. The teacher has been suspended.
Oklahoma State Superintendent Ryan Walters, who is leaving his job next month to head up a conservative teachers organization, has launched investigations of school employees in response to tips submitted to Awareity, an online platform that allows parents and others to report concerns. Last week the Oklahoma State Department of Education said it had received 224 reports of “defamatory comments.”
Florida Republican U.S. Rep. Randy Fine has urged people with information about anyone celebrating Kirk’s death who works in government in Florida to contact his office. And South Carolina Republican U.S. Rep. Nancy Mace wants federal funding cut off for any school that fails to fire or discipline staff who “glorify or justify” political violence.
“It’s at a scale never before seen and I think it’s completely unhinged,” Todd Wolfson, president of the American Association of University Professors, said of the rush to fire higher education faculty.
Free Speech Consequences
Kirk, who founded the campus conservative activism organization Turning Point USA and was close to Trump, was a hero to many Republicans. They saw a charismatic family man and a Christian unafraid to take his hard-right vision onto liberal college campuses.
But many Democrats and liberals experienced Kirk as a provocateur with a record of incendiary remarks about people of color, immigrants and Islam. While many of Kirk’s opponents have condemned the assassination, some have also emphasized their disagreement with his views or suggested his death arose out of what they saw as his hateful rhetoric.
“I have faculty who are getting fired, who have tenure and are getting fired, for saying things like ‘I condemn political violence but the words that Charlie Kirk used, he sort of reaped what he sowed,’” Wolfson said. “All things told, I may not agree with that statement, but that’s a perfectly reasonable thing for somebody to say. Certainly not something to be fired for.”
Some Republicans have long denounced what they view as past Democratic censorship, including Biden administration efforts to pressure social media companies to censor content during the COVID-19 pandemic. They have also criticized firings and pushed back on perceived political correctness run amok during the height of the #MeToo and Black Lives Matter movements, moments of ascendant progressive influence.
But as the current round of terminations plays out, some conservatives argue public employees who speak out about Kirk are facing the consequences of their actions. Oklahoma state Rep. Gabe Woolley, a Republican, said individuals in a taxpayer-funded role who work with children should be held to a high level of accountability.
“I think the most important factor to consider … is that these people chose to enter the public square on public social media accounts and to mock and celebrate the death of an American patriot who was a Christian martyr who was killed for his faith doing what God called him to do,” Woolley said.
Woolley added that “if you choose to make something public, you should not be shocked or surprised by any type of public pushback.”
Swierc described a relatively restricted Facebook account. It was private and couldn’t be found by searching for her name; only individuals with mutual Facebook friends could request to add her as a friend. She did not list her employer on her profile.
Swierc’s post on Kirk could only be seen by her Facebook friends. At some point, someone — Swierc doesn’t know who — made a screenshot of the post. It was then circulated publicly and ended up on Indiana’s “Eyes on Education” page.
On Sept. 17, Ball State University President Geoffrey Mearns fired Swierc, who had been director of health promotion and advocacy within the Division of Student Affairs. In a letter informing Swierc of her termination, Mearns wrote that many current students had written to the university to express concern and that her post had caused unprecedented disruption.
Swierc filed a federal lawsuit against Mearns on Monday, alleging he violated her First Amendment rights. Swierc, who is represented by the American Civil Liberties Union of Indiana, wants a court to order Mearns to expunge her termination from her Ball State University personnel file, along with unspecified damages.
“I do not regret the post I made, and I would not take back what I said,” Swierc said during a virtual news conference organized by the ACLU of Indiana. “I believe that I, along with every person in this country, have First Amendment rights to be able to speak on a number of things.”
Ball State University declined to answer Stateline’s questions, citing the lawsuit. In an unsigned public statement on the day of Swierc’s firing, the university said the post was “inconsistent with the distinctive nature and trust” of Swierc’s leadership position and had caused significant disruption to the university.
Swierc’s lawsuit is one of a growing number of legal challenges to firings and employee discipline over comments about Kirk. On Wednesday, a federal judge ordered the University of South Dakota to reinstate an art professor who had placed on administrative leave after calling Kirk a “Nazi” but later deleted the post and apologized.
Aggressive State Attorney General
Swierc didn’t name Rokita, the attorney general, as a defendant in her lawsuit, but the official has loomed over the situation.
Two days after Kirk’s assassination, Rokita urged his followers on X to submit to him any evidence of educators or school administrators celebrating or rationalizing the killing. He wrote that they must be held accountable and “have no place teaching our students.”
But Rokita has also said the Indiana Attorney General’s Office isn’t investigating individuals submitted to his “Eyes on Education” page — suggesting the effort is mainly intended to generate public pressure against employers. Each example on the page lists contact information for the school’s leadership and in some instances information about the next local school board meeting.
“For a government official, especially of that caliber, to be creating a database and doing this has an incredibly chilling effect on speech,” said Ashkhen Kazaryan, a senior legal fellow at The Future of Free Speech, a nonpartisan think tank located at Vanderbilt University that promotes the values of free speech and free expression.
Rokita didn’t agree to an interview. “Our goal is to provide transparency, equipping parents with the information they need to make informed decisions about their children’s education,” Rokita said in a news release.
On Monday, Rokita sent a six-page letter to school superintendents and public university administrators, providing guidance on the legal authority to fire and discipline teachers for speech related to Kirk. The letter suggested that speech occurring on social media is a factor that weighs in favor of the authority to fire an employee because it carries the risk of being amplified and disrupting school operations.
Rokita also analyzed comments about Kirk by a U.S. history teacher in Indiana who had said the assassinated activist can “suck it” and referred to comments made by Kirk in 2023 that some gun deaths every year are the cost of Second Amendment rights. The district’s employer had chosen not to terminate the teacher, but Rokita laid out a legal justification for firing the employee.
He concluded the letter by writing that many schools would be within their legal authority to fire teachers “who have similarly contributed to the divisive and, for many, painful eruption of controversial discourse on social media and elsewhere concerning Charlie Kirk.”
Joseph Mastrosimone, an employment law professor at Washburn University, said private employers have broad discretion to fire workers over speech. But the government is different, he said, with the First Amendment providing at least some level of protection to employees.
Decades of court cases have established the core principle that if a public employee is speaking in their capacity as a citizen on a matter of public concern, then the government can only take action if the speech causes significant disruption to the delivery of the public service and that disruption outweighs the employee’s interest in the speech, he said.
Mastrosimone said if a teacher’s message made in his or her own time is causing community outrage and pandemonium, “that’s probably going to count as some disruption.”
“And there might be sufficient disruption to outweigh whatever interest the employee has in the speech,” Mastrosimone said. But the closer the teacher’s message is to core political speech — such as voicing support for a candidate for office — the more the scales tip in favor of the employee being able to speak without fear of discipline.
“It is certainly a matter of public concern, what’s going on here with the Charlie Kirk assassination. The interests are probably pretty high, I would think,” Mastrosimone said.
Push to Honor Kirk
As some Republican officials have called for action against public employees who have made comments about Kirk, they have often drawn a line at what they see as celebrating or glorifying his assassination. Walters, the outgoing Oklahoma state superintendent, has gone further and is investigating districts for “refusing to honor his memory.”
The Oklahoma State Department of Education last week said in addition to reports on individual teachers, it was investigating 30 reports of schools that didn’t observe a moment of silence. Three reports alleged schools weren’t flying their flags at half-staff.
On Tuesday, Walters announced an official push to start a Turning Point USA chapter in every Oklahoma high school. Later that day, he announced he would resign as superintendent to become CEO of the Teacher Freedom Alliance, a new group that casts itself as a conservative alternative to teachers’ unions.
Walters’ Turning Point effort comes after Oklahoma state Sen. Shane Jett, a Republican, filed three pieces of legislation to honor Kirk, including one that would establish “Charlie Kirk Free Speech Day” and another requiring public colleges and universities to develop a “Charlie Kirk Memorial Plaza” on their campuses.
Walters and Jett didn’t respond to interview requests.
“Charlie Kirk inspired a generation to love America, to speak boldly, and to never shy away from debate. Our kids must get involved and active,” Walters said in a news release on Tuesday. “We will fight back against the liberal propaganda, pushed by the radical left, and the teachers unions. Our fight starts now.”
This story first appeared in Stateline. Read the original here.
