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Constitutional scholars say offensive speech is protected, but staffer’s role in DEI office could factor in
A former “Director of Race & Equity” at UCLA says he is planning to sue the university for a “clear” violation of his First Amendment rights after being fired this month for social media posts that celebrated the assassination of conservative leader Charlie Kirk.
However, two legal scholars who spoke with The College Fix described the situation as “vague,” not “clear.”
Johnathan Perkins, the former director of race and equity at the Los Angeles university, announced in a Bluesky post last week that he had been fired.
“UCLA just fired me … over Bluesky posts about not being sad that Charlie Kirk died,” Perkins wrote. His controversial posts included “I’m always glad when bigots die, so” and Kirk “reaped what he sowed.”
Perkins also included a GoFundMe link asking for support for his legal and relocation costs, and called UCLA’s decision “a clear violation of [his] First Amendment rights.”
In a message to The Fix via social media, Perkins said, “My First Amendment-protected posts speak for themselves.”
Perkins also told the Daily Bruin in an interview last week that he did not “celebrate” Kirk’s death.
A termination notice sent to Perkins said “he engaged in ‘serious misconduct’ and violated several University policies related to workplace violence and ethical standards,” and his “social media activity impacted workplace safety, leadership responsibilities and office operations,” the Daily Bruin reported.
UCLA’s media relations team did not respond to emails from The Fix asking for details regarding Perkins’ firing.
Last week, Perkins wrote on his GoFundMe campaign: “This termination by UCLA, a government institution, is a clear violation of my First Amendment right to free speech, among others. This sudden loss of employment has left me facing significant professional, personal and, most immediately, financial challenges.”
Perkins declared that he plans to sue the public university “for unjust termination and violation of [his] First Amendment rights.”
“I am reaching out for support from my community and anyone who believes in not just fighting racism, but standing up for free speech and fairness during these stunning times,” he wrote.
“My pups, two cats and I could use your support as we plan for next steps,” Perkins wrote in the Bluesky post advertising the GoFundMe campaign.
When asked about the situation, UCLA Law Professor Eugene Volokh, who specializes in constitutional law, said the First Amendment can be “vague” when it comes to terminating employment.
“[The rule] requires, in relevant part, deciding ‘whether, when balanced against each other, the First Amendment interests of the plaintiff and the public outweigh the government’s interest in functioning efficiently.’ Different judges may well react differently to this case,” Volokh said.
He continued, “This having been said, I think it’s at least relevant – and perhaps dispositive – that Perkins was a university manager, and indeed a high-level official in the UCLA Equity, Diversity & Inclusion office.”
Volokh said the university DEI office “aims to implement UCLA policies aimed at diversity and inclusion, and those policies include the Principles of Community.” The principles state that UCLA does not tolerate “acts of discrimination, harassment, profiling or other conduct causing harm to individuals” based on their characteristics, one of which is political preference.
“Perkins’ post … may well be seen as showing hostility based on political preference, and sending a message to UCLA community members who share Kirk’s views that they aren’t welcome there, and that their deaths would likewise be celebrated,” he said.
For example, Volokh posed the hypothetical of a university DEI staffer saying the same thing if a rabbi or imam with whom he disagreed on the Israel-Palestine conflict had been shot.
“I take it that this might cast some doubt on whether the UCLA EDI office would fairly treat problems related to anti-Semitic or anti-Muslim actions on campus,” he said.
“UCLA may well be able to argue that a post by a high-level official in that particular office … would likely undermine public confidence in whether the office would be able to fairly administer and otherwise go along with the Principles of Community,” he said.
However, Volokh said that he couldn’t “speak with confidence” about the situation “given how vague the test is.”
Josh Blackman, professor at South Texas College of Law Houston, also commented on the ambiguity of Perkins’ First Amendment rights in an email to The Fix.
“Rejoicing on someone’s death is absolutely abhorrent, but is protected by the First Amendment,” Blackman said when asked about the situation. “Then again, in some contexts, academics have reduced free speech rights, to the extent that it might substantially interfere with their work.”
Blackman said he is unsure of what protections Perkins might have, since he was an administrator and not a tenured professor.
In September, Perkins was placed on leave after his posts about Turning Point USA founder Charlie Kirk’s assassination attracted criticism online, The Fix reported at the time.
The posts included him writing, “It is OKAY to be happy when someone who hated you and called for your people’s death dies–even if they are murdered,” according to screenshots posted by Corey DeAngelis, executive director of the Educational Freedom Institute.
Perkins also said in 2023 that white people “should NOT be awarded the day off for Juneteenth.” He also wrote a post in 2022 that appeared to indicate he was hoping for the death of U.S. Supreme Court Justice Clarence Thomas, who is conservative.
Perkins additionally co-hosted a podcast, “black&,” with his sister, April, in which the two “[spoke] candidly about racism, white people, and what to do next,” according to Perkins’ website.
Editor’s note: The article was updated to include a comment from Perkins.
MORE: UCLA ‘race and equity’ director on leave following Charlie Kirk comments
