Rokita: Educators Can Face Discipline for Online Posts

Indiana Attorney General Todd Rokita issued a six-page memo to school superintendents and university leaders this week, criticizing schools for not disciplining or firing educators who posted comments about Charlie Kirk’s Sept. 10 assassination.

“Some schools have responded to those calls for action with excuses and equivocation, claiming that the First Amendment prevents them from terminating or disciplining educators for celebrating or expressing controversial views about the killing of Charlie Kirk,” Rokita wrote. “In many if not most cases, those schools are wrong.”

Rokita argued that schools have broad legal authority to act against teachers whose speech is divisive or supportive of political violence. He cited court precedent, adding, “As a matter of good government and sound public policy, schools would be wise to remove from the classroom teachers who express support for or attempt to excuse political violence.”

The memo highlighted a case in South Bend involving U.S. history teacher Brett Maurer, who posted comments such as, “with all due disrespect Charlie Kirk can suck it.” Rokita said the posts generated 25 complaints and sparked disruption in the community. While acknowledging that the teacher was speaking as a citizen, Rokita concluded schools could legally terminate him, calling the posts “crass and vulgar.”

South Bend Superintendent Mansour Eid said the district appreciated Rokita’s analysis but stressed that local boards must weigh actual disruption before taking action. “Our locally elected school board and its appointed superintendent are in the best position to assess the disruption factor consistent with the law,” Eid said.

The controversy comes as Republicans push nationwide to punish educators who “celebrated” Kirk’s death. Gov. Mike Braun has threatened teaching licenses, while the ACLU of Indiana is defending a fired Ball State employee, arguing, “Government employees don’t give up their First Amendment rights just to become employees of the government.”