ACLU sues Ball State after director fired for Charlie Kirk social media post

INDIANAPOLIS (WISH) — The American Civil Liberties Union of Indiana has sued Ball State University after the school fired a former employee over a private social media post made about conservative activist Charlie Kirk.

• RELATED: Ball State fires director over ‘disruption’ from post about Charlie Kirk

Suzanne Swierc was employed by the university from August 2023 until Sept. 17 of this year. According to the ACLU, she served as the Director of Health Promotion and Advocacy with the Division of Student Affairs – an administrative, non-faculty role.

Kirk died Sept. 10 at a hospital after being shot at a debate at a college in Orem, Utah, authorities said. Following Kirk’s assassination, Swierc joined discussions online about his death.

In a private Facebook post, Swierc called Kirk’s death a tragedy, adding she “can and (does) feel for his wife and children.”

She continued: “I believe in the Resurrection, and while it’s difficult, I can and do pray for his soul. Charlie’s 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.”

The lawsuit claims that despite Swierc’s social media being private, someone obtained a screenshot of her post and submitted it to Indiana Attorney General Todd Rokita’s “Eyes on Education” Portal. The screenshot also circulated “numerous public-facing social media sites,” and was shared on Facebook by Rokita.

Swierc did not learn about her post being shared online until Sept. 12.

According to the lawsuit, Swierc claims by 6:30 a.m. Sept. 12, she “had already received missed calls, voicemails, and text messages from strangers harassing her about the contents (of her post).” One message included a threat of violence, saying “she should ‘get what Charlie Kirk got.’”

She reported this to her supervisor, emphasizing the post had been made privately. Later, she met with Ball State’s employee relations, who said they would investigate if the post was made in her “private or employee capacity.”

On Wednesday, Swierc was called to meet with Ball State President Geoffrey Mearns, where she was “terminated, effective immediately.” Employee relations later informed Swierc that “there was no possibility of challenging or appealing the termination.”

“Swierc was not permitted to have an attorney present at the meeting, and a letter signed by Mearns indicated that the Facebook post was the only reason for her termination,” the ACLU says.

The lawsuit claims through her termination, the university violated Swierc’s First Amendment rights. Stevie Pactor, senior staff attorney with ACLU Indiana, said in a statement that public employees are free to speak as private citizens.

“People do not forfeit their First Amendment rights when they are hired by government institutions. Public employees are free to speak on matters of public concern, so long as they are speaking as private citizens. Swierc’s Facebook post clearly meets these criteria, and her termination was unconstitutional,” he said.  

After her firing, the university posted this statement on X:

On September 10, 2025, Ms. Suzanne Swierc posted a statement on social media related to the assassination of Mr. Charlie Kirk. Our Administration determined the post was inconsistent with the distinctive nature and trust of Ms. Swierc’s leadership position at Ball State University and that the post caused significant disruption to the University.

Consistent with recent case law in the Seventh Circuit, specifically, Hedgepeth v Britton, No. 24-1427 (7th Cir. 2025), our Administration evaluated the impact of the significant disruption to the University’s mission and operations and the effect of the post on her ability to perform her work in her leadership position.

As a result of the review, our Administration terminated Ms. Swierc’s employment, effective immediately.

No additional information will be released on this personnel matter.

A separate post on a second employee’s personal account remains under investigation by our Administration. No additional information will be released on that post at this time.”

Ball State University, posted at 5:15 p.m. Sept. 17, 2025, on X

Online court records show the university has received notice of the lawsuit, but have not made an appearance.

Full lawsuit attached below.

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