ACLU of Indiana Wins $225,000 Ball State Settlement Over Employee's Facebook-Post Firing
Updated
Updated · aclu-in.org · May 26
ACLU of Indiana Wins $225,000 Ball State Settlement Over Employee's Facebook-Post Firing
14 articles · Updated · aclu-in.org · May 26
$225,000 will go to former Ball State employee Suzanne Swierc under a settlement fully executed late last week in her First Amendment lawsuit over her firing.
Ball State President Geoffrey Mearns had terminated Swierc effective immediately after a screenshot of her private Facebook post about Charlie Kirk's death spread publicly, including through Indiana Attorney General Todd Rokita's Eyes on Education portal.
The ACLU argued Swierc was speaking as a private citizen on a matter of public concern, making retaliation by a public university unconstitutional; a letter signed by Mearns identified the post as the reason for her firing.
The agreement also lets Ball State employees serve as references for Swierc, and her supervisors may acknowledge her positive health-promotion and advocacy work, closing the case with reputational relief as well as compensation.
After a $225,000 payout, how can universities protect both their reputation and employee speech rights from online outrage?
When a private post goes viral, where does the law draw the line on a public employee's free speech?