BUZZ
Key Takeaways
- A federal judge ruled that University of South Dakota professor Phillip Hook can keep his job after he called Charlie Kirk a 'hate spreading Nazi' on social media, citing First Amendment protections for his speech.
- The judge found no evidence that Hook's comments caused disruption at the university, and he was speaking as a private citizen on a matter of public interest.
- After Hook's post, he was placed on administrative leave and faced termination, leading him to file a lawsuit against the university for violating his free speech rights.
- Support for Hook among students led to an online petition, which has collected nearly 9,500 signatures advocating for his reinstatement.
A federal judge ruled to allow a University of South Dakota art professor to keep his job for now after calling the late conservative commentator Charlie Kirk “a hate spreading Nazi.”
The judge issued a temporary restraining order Wednesday, allowing Phillip Hook to remain teaching at the school while his lawsuit proceeds, MSNBC reported.
A preliminary injunction hearing is scheduled for Oct. 8.
U.S. District Judge Karen Schreier ruled that Hook’s speech “is entitled to First Amendment protection” and USD did not sufficiently prove his social media post caused “disruption.”
The judge also determined that Hook was speaking as a private citizen on a matter of public interest, which is protected by the Constitution.
In a Facebook post on Sept. 10, the professor wrote, “Okay. I don’t give a flying f*** about this Kirk person. Apparently he was a hate spreading Nazi.”
“I wasn’t paying close enough attention to the idiotic right fringe to even know who he was … I have no thoughts or prayers for this hate spreading Nazi. A shrug, maybe,” Hook wrote.
Later that day, he expressed remorse for his comments.
“Apparently my frustration with the sudden onslaught of coverage concerning a guy shot today led to a post I mow [sic] regret posting,” he wrote in another Facebook post.
He extended a “public apology to those who were offended.”
Still, South Dakota Speaker of the House Jon Hansen and Republican Governor Larry Rhoden called for the professor to be dismissed, according to The Independent.
“When I read this post, I was shaking mad,” Rhoden wrote in a Facebook post including a screenshot of the professor’s comments.
The governor also stated, “This individual stands in front of South Dakota students to educate them. We must not send the message to our kids that this is acceptable public discourse.”
Shortly after Hook shared the posts on his Facebook, the school placed him on administrative leave, and the South Dakota Board of Regents notified him of their decision to fire him.
On Sept. 23, Hook filed a legal request to block USD, claiming that his free speech rights under the First Amendment were violated, according to a complaint reviewed by The Independent.
A public sector employee “doesn’t forfeit the right to free speech because they happen to be a public employee,” Hook’s lawyer Jim Leach said.
“Yet here, we have the government, at the highest level, punishing Professor Hook for his political speech,” he said.
Following Hook’s termination, USD students started an online petition to reinstate the professor. The petition has garnered nearly 9,500 signatures.
“…Hook was punished for exercising the First Amendment of the United States Constitution. This gives our campus the idea that we are not allowed to use our right to the Freedom of Speech,” the students wrote.
