Former professor sues Clemson for firing over post calling Charlie Kirk’s murder ‘karma’

A former assistant professor is suing Clemson University after he was dismissed over a post on social media calling Charlie Kirk’s assassination “karma.”

The American Civil Liberties Union South Carolina recently filed the initial complaint and motion for preliminary injunction seeking Bregy’s reinstatement, monetary damages, and a correction of personnel records. 

“All we are asking for in the case is to uphold the longstanding First Amendment right of public employees to speak in their personal capacity on important public topics,” Paul Bowers, director of communications at ACLU-SC, told The College Fix in an interview.

Bowers said that multiple state lawmakers threatened to defund the school unless it fired Professor Joshua Bregy “for sharing another person’s Facebook post on his private account.”

“The House GOP Caucus, for example, released a statement from South Carolina House Majority Leader Davey Hiott that said ‘it took a joint letter from both House and Senate leadership to force Clemson University to take decisive action by removing faculty,’” Bowers said. 

Bowers also noted that Clemson’s Board of Trustees unanimously voted to commit the university to “free speech, expression, and inquiry” two years ago when it incorporated the University of Chicago’s Report of the Committee on Freedom of Expression. 

He pointed out the statement’s conclusion that the university does not maintain the role of protecting individuals from opinions and ideas they might find disagreeable, unwelcome, or offensive.

Bregy is one of 40 college educators who have been disciplined or fired for their comments regarding Kirk, according to Bowers.

University spokesperson Joe Galbraith told The Fix that Clemson University is aware of the lawsuit, but that the school cannot comment on pending litigation and personnel matters.

The case centers on a Facebook post Bregy shared shortly after the assassination of Turning Point USA founder Charlie Kirk.

Bregy, who taught in Clemson’s department of environmental engineering and earth sciences, reposted a message that read, “I’ll never endorse violence in any form, but it seems to me that karma can be quick and ironic sometimes.”

“As Kirk said, ‘play certain games, win certain prizes.’ You might think I’m mean too, but I also want to say—I genuinely mourn for Kirk’s family and friends,” it read.

“No one should have to experience such tragic loss. However, am I going to let people turn a flawed person whose words caused real harm into a martyr? Not a chance,” the post read.

The lawsuit states that Bregy deleted the post the following morning, but the Clemson College Republicans shared it again.

Bregy claims that the Facebook post was “protected speech,” and that the university violated his First Amendment right to “speak out on matters of public importance,” according to the lawsuit. 

A free speech expert echoed that concern.

“A public institution risks violating its First Amendment obligations when it fires a faculty member for discussing major political issues on social media,” Graham Piro, a fellow at the Foundation for Individual Rights and Expression, told The Fix via email. 

Piro added that universities should recognize that they are places where open debate can occur, and that punishing faculty who speak up “chills” other faculty members from doing the same. Even speech that others find offensive, he said, remains constitutionally protected.

The lawsuit alleges that South Carolina lawmakers April Cromer and Thomas Beach, among others, threatened to defund the university if it didn’t fire Bregy. Cromer visited Clemson’s campus on Sept. 15 to advocate for the termination of Bregy and two other Clemson professors.

Cromer told The Fix in an interview via email that she was on campus to support students and advocate for the removal of professors and employees she considered “bad actors.”

In addition, the University’s Board of Trustees received a letter from Murrell Smith, speaker of the South Carolina House of Representatives, and Thomas Alexander, president of the South Carolina Senate, urging “immediate and appropriate action.”

Later that same day, Clemson publicly promised a “full review” of the matter.

Shortly thereafter, Provost Jones called Bregy to inform him of his dismissal. He received an official termination letter the next day. According to the complaint, the letter accused him of “blatantly unprofessional conduct and conduct seriously prejudicial to the University.”

“You did not show due restraint or respect, and you made no effort when you reposted to state that your views did not represent the views of Clemson University,” the letter stated.

The complaint argues that “there is no evidence” that Bregy’s teaching, research, and duties as a faculty member were affected by the post.

“However challenging it must have been for Clemson to confront bullying legislators or the online mob and its 280-character pitchforks, the First Amendment does not credit Clemson’s impulse to capitulate as a ‘legitimate’ interest,” the lawsuit states. “The Constitution requires a stronger spine than that.”

The complaint also details the fallout from Bregy’s dismissal, asserting that many students were “sickened” by the decision, that faculty trust has been “fractured,” and that Bregy has suffered emotional, reputational, professional, psychological, and financial harm. He no longer receives a salary or benefits from the university.

Because he was terminated “for cause,” the complaint argues that Bregy now faces a reputational barrier that may hinder future employment or funding opportunities.

South Carolina is an “at-will” employment state, meaning employers can fire employees at any time for any reason. However, under state law, a terminated employee may bring a wrongful dismissal claim if the firing constitutes a “retaliatory discharge…in violation of a clear mandate of public policy,” a standard established in Culler v. Blue Ridge Electric Co-op. Inc.