Ball State Pays $225,000 to Former Employee Fired Over Private Charlie Kirk Post
Ball State University agrees to pay $225,000 to settle a First Amendment lawsuit after firing a former administrator for a private Facebook post about Charlie Kirk, adding to millions in campus censorship settlements.
Suzanne Swierc wrote a private Facebook post mourning Charlie Kirk's death. Three weeks later, Ball State University fired her. Now taxpayers will pay $225,000 to settle the resulting lawsuit.
The university announced the settlement May 26 to resolve Swierc's First Amendment lawsuit against President Geoffrey Mearns. Swierc served as the university's former Director of Health Promotion and Advocacy. The ACLU of Indiana confirmed the agreement, closing a legal battle that began when Ball State terminated her Sept. 17, 2025, after her friends-only Facebook post about Kirk's assassination went viral.
Swierc's post described Kirk's Sept. 10, 2025, death at Utah Valley University as a "tragedy" while noting it reflected "the violence, fear, and hatred he sowed." She held no teaching position and had no contact with students. Ball State moved to fire her only after Indiana Attorney General Todd Rokita and Elon Musk amplified her remarks to millions of followers.
"We believe that had these major political and public figures not shared Ms. Swierc's post, the University would not have terminated her," the Ball State chapter of the American Association of University Professors said in a statement.
The settlement pushes the national toll past $2.2 million in payouts following the wave of retaliation against Americans who commented on Kirk's death. More than 600 people faced termination or punishment for their statements. At least 40 higher education faculty, staff, and students received termination, suspension, or expulsion.
Other settlements underscore the scope. A Tennessee retired police officer, Larry Bushart, received $835,000. Austin Peay State University paid $500,000 to reinstate professor Darren Michael. Florida Fish & Wildlife Conservation Commission biologist Brittney Brown won $485,000. Each case involved termination over social media posts about Kirk's death.
President Mearns defended the firing in a May 26 email to campus leaders. He called the $225,000 settlement a "modest monetary payment" that was "substantially less than fighting her lawsuit would have cost." Mearns pointed to the Seventh Circuit's August 2025 ruling in Hedgepeth v. Britton, which permits public employers to discipline employees for speech that causes disruption.
"My decision to terminate Ms. Swierc's employment was based on the relevant facts," Mearns wrote. "I concluded that I had the legal authority and, indeed, the professional responsibility to preserve our University's mission and to protect our faculty and our staff from harassment."
The ACLU argued Ball State violated Swierc's constitutional rights. "As a public university, Ball State cannot fire an employee for protected speech made as a private citizen on a matter of public concern," the organization said in a news release. Stevie Pactor, senior staff attorney at the ACLU of Indiana, echoed the point: "Suzanne was speaking as a private citizen on a matter of public concern when Ball State fired her over a private social media post."
Swierc faced a "deluge" of threats after her post circulated. One person told her she deserved "what Charlie Kirk got." Ball State reported receiving hundreds of complaints. Some donors threatened to withhold donations. One parent threatened to withdraw their children from the school. The ACLU contends the disruption stemmed from third-party amplification, not Swierc's original private expression.
"I never regretted the post," Swierc told IndyStar. "I have just as much right to say that as anybody else, and I don't regret it because I still believe the things that I wrote."
The settlement agreement includes provisions allowing Ball State employees to serve as references for Swierc. Supervisors must acknowledge her positive contributions if asked. The university did not admit fault.
This case follows a pattern of academic institutions privileging progressive orthodoxy over constitutional rights. Taxpayers now fund expensive legal battles when administrators attempt to silence conservative viewpoints. With more than $2.2 million already paid in settlements, the financial burden continues to mount.
"The First Amendment does not disappear when someone accepts a government job," said Carrie McNamara, an ACLU of Florida attorney who represented Brittney Brown in a similar case. Joshua Bleisch, another ACLU attorney on Brown's case, added: "If state officials, if government officials aren't being sufficiently respectful of somebody's First Amendment rights, there's going to come some kind of legal cost."
The broader pattern reveals systemic consequences. Larry Bushart spent 37 days in jail over Facebook memes about Kirk's death before receiving his $835,000 settlement. Austin Peay State University acknowledged it failed to follow tenure termination procedures when firing Darren Michael. Florida officials faced sanctions for presenting false testimony about the number of complaints received.
Ball State's $225,000 payment sends a warning to other institutions about the financial risks of campus censorship. Administrators like Mearns defend their actions as protecting university missions. Taxpayers ultimately fund both the suppression of speech and the settlements that follow. Swierc stood by her words. Ball State could not.