ACLU sues Ball State president over firing of employee for Charlie Kirk online post

The ACLU of Indiana has filed a lawsuit against Ball State University's president over the firing of an employee who posted about Charlie Kirk's death on social media.

Last week Suzanne Swierc's private Facebook post calling Kirk's death a "tragedy," but also pointing to "violence, fear, and hatred he sowed," was shared online by Indiana Attorney General Todd Rokita.

Since 2023, Swierc was Director of Health Promotion and Advocacy at the Muncie school, until she was fired on September 17 for the social media post.

Swierc is now the plaintiff of the lawsuit. The defendant is Ball State president Geoffrey Mearns, listed as "in his official and individual capacities."

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Swierc says she does not regret her post and would not take back what she wrote.

"I believe that I, along with every other person in this country, have First Amendment rights, and to be able to speak on a number of things," she says.

In a statement last week, Ball State said her post “caused significant disruption to the University” and was inconsistent with her leadership position. Stevie Pactor with the ACLU of Indiana says Swierc didn't create the disruption herself, but those like Rokita who amplified it online did.

"She is not the one who widely disseminated this post," Pactor says. "And of course, it wasn't only the attorney general of the state of Indiana that did, but he certainly did."

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Attorney General Todd Rokita is not named in the lawsuit.

When asked for a response, Ball State University said it does not comment on pending litigation.

Pactor says the lawsuit asks Ball State to remove any record of Swierc's termination. She also says Swierc doesn't feel like Ball State is a place she could work at again.

Stephanie Wiechmann is managing editor and "All Things Considered" host at IPR News in Muncie, Indiana. Contact her at slwiechmann@bsu.edu