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You can’t fire your way to free speech

Notice of termination

Last week’s assassination of Charlie Kirk at Utah Valley University was a horrific reminder that political violence has no place in a free society. In the days since, colleges and universities have faced growing calls to fire faculty and punish students for speech critical of Kirk and justifying the shooting.

As government actors, public colleges are bound by the Constitution. Whether it is criticism of  or Charlie Kirk today, the First Amendment protects speech, no matter how crude, offensive, or ill-timed some may perceive it to be. 

Moments like these test our commitment to free expression. When a college caves to outrage, it invites more censorship and sends the message that no speech is safe. Punishing speech some deem offensive only moves the line of what’s “unacceptable” inward, constantly shrinking the already fragile space for debate.

And yet, across the country, institutions are doing just that. ݮƵAPP has already reviewed or intervened in dozens of such cases, but the number continues to grow. For instance:

  • At Clemson University, administrators initially said they would uphold First Amendment protections after public outrage over social media posts by two faculty members and a staffer about Kirk’s assassination. In a September 12 , Clemson condemned the speech and, under pressure from lawmakers, falsely claimed the First Amendment does not protect speech that “undermines the dignity of others.” It then suspended one employee on  and terminated them two days later. On September 16, Clemson  it had also dismissed two faculty members following an investigation into “inappropriate social media content” related to Kirk’s death.
  • At Florida Atlantic University, a tenured professor retweeted criticisms of Kirk's rhetoric and Kirk's own quotes. None of her posts condoned or advocated violence, but calls for her removal circulated on social media. FAU placed the professor on administrative leave pending an investigation.
  • At Montana State University–Northern, administrators suspended an associate professor after she posted about Kirk’s assassination on her personal account. She explicitly stated that she did not condone violence, yet administrators still removed her from the classroom.
  • At the University of South Dakota, a professor posted criticism of Kirk, calling him a “hate-spreading Nazi.” The governor  the post and declared he was “glad” the Board of Regents intended to fire this professor. The university has since placed the professor on leave and issued an intent to dismiss him.
  • At Texas State University, a student mimicked the Kirk assassination during a memorial event hosted by the local TPUSA chapter. Governor Greg Abbott  the student’s expulsion, and the university complied,  it would not tolerate speech that “mocks, trivializes, or promotes violence.” 

These are not isolated incidents. Across the country, calls for punishment of protected speech are reaching astonishing levels.

If you’re a student or faculty member facing discipline, ݮƵAPP can help.

Through our Campus Rights Advocacy program, we field thousands of submissions every year from students and faculty whose rights are under threat, and we intervene directly with administrators to resolve disputes. 

Our Faculty Legal Defense Fund (FLDF) gives public college faculty legal help when they’re punished for what they say whether in class, scholarship, or public. Faculty can call FLDF’s 24-hour hotline (254-500-FLDF) or submit a case online. If the case qualifies, we connect them with a local attorney from our network — free and fast. 

And if colleges are looking to make sure their policies on faculty and student speech are in good shape before controversial speech tests them, they can contact our Policy Reform team at speechcodes@thefire.org.

The principle is simple: At public universities, the First Amendment applies. And without free speech and academic freedom, higher education can’t do its job.

Faculty must be able to speak their minds without risking their jobs. Public universities must resist the current political pressure to censor. ݮƵAPP will fight for First Amendment rights, no matter the content of the speech.

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