Charlie Kirk at Utah Valley University on Sept. 10.
Trent Nelson/The Salt Lake Tribune/Getty Images
The assassination of Charlie Kirk was a tragedy that struck at the heart of American democracy. As the faculty adviser for Turning Point USA at Georgia College & State University, I took on that role despite significant ideological disagreements with the organization Kirk founded because I believe so fervently in the value of political discourse—even when that discourse makes us uncomfortable.
Kirk and I disagreed on virtually every policy issue. His rhetoric often struck me as divisive, and his positions frequently ran counter to my own deeply held beliefs. Nevertheless, I advised the campus chapter of his organization because I passionately believe that universities must be places where competing ideas can clash, where students can hear from voices across the political spectrum and where the marketplace of ideas remains vibrant and open.
The wave of faculty terminations sweeping across American institutions in response to Kirk’s death represents a dangerous moment for academic freedom and constitutional principles. Educators across the nation have been fired or suspended for social media posts that ranged from celebrating Kirk’s death to making pointed observations about the irony of his rhetoric regarding gun violence being an acceptable price to pay to maintain the Second Amendment. While these comments were often distasteful and insensitive, the rush to punish people for them reveals a troubling disregard for the First Amendment protections that should shield government employees—particularly university faculty—from exactly this kind of viewpoint-based retaliation.
I’m not defending the wisdom or sensitivity of the statements made about Kirk by those being fired. In point of fact, I believe that most if not all were ill-timed, crude, callous and deeply hurtful to those mourning Kirk’s death. But constitutional principles protect speech that offends, disturbs and challenges our sensibilities.
For example, in 1987, the Supreme Court decided Rankin v. McPherson in response to a government employee being fired after expressing hope that a potential future assassin would succeed in killing President Reagan. Even though this despicable comment was said in the immediate aftermath of an assassination attempt against the president, the court nevertheless held that it was protected speech. If such an extreme statement merits protection, surely the same is true for similar statements about Kirk in the wake of his assassination.
The irony here is particularly acute. Conservative activists and politicians who claim to champion free speech principles are now leading coordinated campaigns to silence critics through organized pressure and doxing efforts. Meanwhile, university administrators—those who should be the staunchest defenders of academic freedom—are capitulating to political pressure rather than standing up for constitutional principles. The result is a chilling effect that extends far beyond these specific cases, sending a clear message to faculty everywhere that certain political viewpoints will no longer be tolerated.
For public university professors like me, this represents an especially troubling erosion of academic freedom. The Supreme Court has long recognized that universities occupy a special place in our constitutional framework as centers of free inquiry and debate. The Pickering balancing test that governs government employee speech also typically weighs heavily in favor of faculty members discussing matters of public policy, precisely because such discourse is central to the university’s educational mission.
We’re witnessing universities abandon their constitutional obligations to appease a political pressure campaign, one often led by Republican members of government. Universities and school districts are making hasty decisions based on social media pressure rather than carefully considering their legal duties and educational responsibilities. This institutional cowardice not only violates the constitutional rights of individual employees but also undermines the very principles that make American higher education a global leader in research and innovation.
The legal precedent here is clear, and many of these terminations will likely be reversed through costly litigation. Even so, the damage to academic freedom and democratic discourse has already been done. The message being sent is that political speech—even on matters of clear public concern—can be punished if it offends the right people with sufficient political power.
This is precisely the moment when our institutions must demonstrate courage in defending constitutional principles. University presidents, school board members and other educational leaders must resist the pressure to sacrifice employees on the altar of political expedience. They must remember that their obligation is not to popular opinion or political movements, but to the Constitution and the principles of free inquiry that make education possible.
The death of Charlie Kirk was a senseless tragedy that robbed America of a young voice in our political discourse. But if we allow that tragedy to justify the systematic erosion of free speech protections, we will have compounded the damage immeasurably. The best way to honor Kirk’s memory is not through ideological purges, but by recommitting ourselves to the principles of free expression and open debate that he claimed to champion.
Nicholas Creel is an associate professor of business law at Georgia College & State University and the faculty adviser to the campus chapter of Turning Point USA.
