Fired over post about Charlie Kirk, Ball State staff member sues university president

The staff member fired by Ball State University because of a Facebook post about the murder of Charlie Kirk is suing university president Geoffrey Means, alleging a violation of her First Amendment rights.

Suzanne Swierc, formerly Ball State's director of health promotion and advocacy, is being represented by the Indiana American Civil Liberties Union.

In a news conference Monday on Zoom, Swierc said she felt "violated" and filed a police report after a stranger called her cell phone, recited her full name, title, and home address, adding, "Maybe I deserve what Charlie got, is what the person said."

A Ball State spokesman said, "Out of respect for the judicial process, the University does not comment on pending litigation."

Kirk, the founder of Turning Point USA, was a high-profile conservative activist with a large following of young people. He was shot and killed at a public event in Utah.

Swierc's post at issue said, "Charlie Kirk's death is a reflection of the violence, fear, and hatred he sowed. It does not excuse his death, AND it's a sad truth."

She called the shooting a "tragedy" after starting the post by saying, "Let me be clear: if you think Charlie Kirk was a wonderful person, we can't be friends."

The lawsuit says Swierc's privacy settings allowed the post to be seen only by people who were her friends on Facebook. It also said she listed only her name in her profile, not her city, employer, or other personal information.

"I do not regret the post I made and I would not take back what I said," Swierc said Monday. "I believe, along with every other person in this country, I have First Amendment rights."

ACLU attorney Stevie Pactor said during the news conference that Swierc is not seeking to return to her job at Ball State because she "doesn't feel like Ball State is a place she can work after this." The lawsuit asks for damages and to have the firing expunged from her record.

Pactor said the court decision Ball State used to justify the firing doesn't apply because it involved a high school teacher with previous disciplinary warnings who had students as friends on Facebook.

Swierc's lawsuit says someone obtained a screenshot of her post and made a graphic with it next to her entry in Ball State University's staff directory. That graphic was distributed on social media and was submitted to the Secretary of State Todd Rokita's "Eyes on Education Portal."

Rokita eventually posted the graphic on multiple social media platforms.

The lawsuit said Swierc began receiving threatening and harassing messages from strangers at home and at work.

On Sept. 15, she was asked to meet with employee relations at Ball State. Two days later, she was given a letter from Mearns saying she was fired.

"Government employees don't give up their First Amendment rights," Pactor said.