Alabama instructor fired after celebrating Charlie Kirk’s murder files First Amendment lawsuits

A former educator is suing Auburn University and the University of Alabama, claiming her free speech rights were violated after campus administrators terminated her employment for celebrating the murder of conservative activist Charlie Kirk. 

The lawsuits were filed by Candice Hale, an English instructor who was hired by both institutions in 2023.

“When Candice Hale spoke about the death of Charlie Kirk, a political figure—commentary on a matter of undeniable public concern—she was exercising the very freedom the First Amendment was designed to protect,” the lawsuit against the University of Alabama states.

“Yet for this lawful expression, she was fired. Her termination sends a chilling message: those who dare to voice their views on political matters do so at their own peril.”

On Sept. 11, Hale posted on Facebook, just one day after Kirk was assassinated by a gunman while speaking at Utah Valley University, that she was glad he was dead. 

Her entire post stated: “I do not mourn oppressors. I do not show them empathy. I don’t give a damn about evil racist, fascist, misogynistic, homophobic, transphobic, xenophobic, mediocre, white men who claim to be christian and then do everything Christ would not do on Earth. I will not mourn the wicked. We are getting closer and closer to the real assignment.”

Hale’s attorney, Kira Fonteneau, did not respond to The College Fix’s requests for comment.

Fonteneau told The Crimson White student newspaper that her client “was terminated from her job with a public employer based solely on the content of what she had said online.”

“We believe that the evidence will show that that is a violation of the First Amendment, and that’s why we filed our lawsuit.”   

The University of Alabama and Auburn University media affairs divisions did not respond to requests from The College Fix seeking comment.

Both lawsuits are centered on free speech arguments, but they differ in the circumstances surrounding Hale’s employment and termination at each institution.

Auburn University administrators questioned Hale about her social media post and worked to determine if she was a threat to campus public safety, according to Hale’s lawsuit.

While Hale’s post contained no threat of violence, and school officials determined she was not a threat to public safety, she was banned from campus and terminated from her full-time job as an English instructor, it states.

The lawsuit points out that a message from campus leaders stated that posts praising Kirk’s murder went against “Auburn’s values.” 

As for the University of Alabama, administrators allegedly terminated Hale immediately from her employment as a part-time instructor in the Department of Gender and Race Studies.

In a letter, College of Arts and Sciences Dean Paul Messina “directly addressed Hale’s speech concerning Charlie Kirk’s death as the reason for her termination,” the complaint states.

Hale alleges in her lawsuit this was done without a formal investigation or any opportunity to respond.

“I’ve given my life to that institution. In a sense, it’s been a part of me, and it feels like a knife in the back,” Hale told The Crimson White. 

Hale is requesting a jury trial, financial compensation for lost income and emotional harm, and a court declaration that her First Amendment rights were violated.

The complaints state a ruling in Hale’s favor could result in reinstatement at one or both institutes, compensation for lost wages, and acknowledgement of her First Amendment rights. 

If the court sides with the university, Hale could permanently lose her positions and face challenges securing future academic employment, they state.

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