The suit is another example of a university punishing students and employees for disparaging or even discussing Kirk after he was killed.
Photo illustration by Justin Morrison/Inside Higher Ed | Anna Moneymaker/Getty Images | Nordin Catic/Getty Images/The Cambridge Union | Andrew Harnik/Getty Images
Ellen Fisher, a third-year law student at the Texas Tech University School of Law, is suing the university after its honor council recommended she be reprimanded for allegedly “celebrating” the death of conservative firebrand Charlie Kirk. Should the honor code sanction become final, Fisher would be required to report it to the Texas Board of Bar Examiners, and it could cause “incalculable” damage to her career, according to the complaint, filed April 9.
The suit showcases another example of a university punishing students and employees for disparaging or even discussing Kirk—an advocate of free speech—after he was killed. Several faculty and staff members lost their jobs over comments they made about Kirk during class or on social media. Six months after Kirk died, institutions are still litigating how students and employees should be permitted to speak about him and if their speech is protected by the First Amendment.
Fisher, founder of the Texas Tech NAACP chapter, claims she was unfairly punished for talking about Kirk’s death because she is Black, and she is calling for compensatory and punitive damages, an injunction to block the honor code sanction, and a jury trial.
“Of all the students who discussed Kirk’s shooting in [class], none are Black except Fisher. None were brought before the School of Law Honor Council except Fisher,” the complaint states.
While Fisher was being investigated by the honor council, someone wrote the N-word on Fisher’s car window while it was parked at Texas Tech. When she reported it to the school, “Fisher was told it was irrelevant,” according to the complaint.
Terri Morgeson, a clinical instructor and director of the School of Law Family Law Clinic, reported Fisher to the honor council after overhearing her discuss Kirk’s death with other classmates in a way she deemed “unprofessional,” the complaint states. Morgeson reported hearing Fisher say, “That mother fucker … got shot,” though other witnesses disputed this language and Morgeson retracted this during the honor council hearing. Others told the honor council investigator they heard Fisher say to clinical lecturer Joe Stephens, “I’m in the best mood ever” and “They got him … This is great.” Stephens does not recall Fisher making either comment, he told the honor council during the hearing.
Fisher also discussed Kirk’s death with other students when news broke in her race and racism law class, and with clinical law professor Patrick Metze in his office. Metze and Stephens told the honor council they did not view her conduct as unprofessional.
Metze was forced into retirement shortly after the incident, he states in an affidavit filed with the court. He did not respond to Inside Higher Ed’s request for an interview Tuesday.
“All kinds of things have been said in my office, which have included the use of profanity, but this was never an issue because previously the Texas Tech School of Law, at least prior to my forced retirement, did not conceive of itself as a third grade school yard,” Metze wrote. “All my students have been grown adult, graduate students in their third year of law school.”
While Fisher was discussing Kirk’s death with other students in Metze’s office, Morgeson interjected from outside the office to say that “Trump just said that he … died,” the complaint states.
“If Morgeson was actually upset by what she was hearing coming from Metze’s office, nothing required her to join the conversation,” the complaint states. “Morgeson did not complain about ‘professionalism’ at the time, although she was standing in the doorway to Metze’s office. Morgeson did not shut Metze’s door, for example, which she could have easily done if there were truly tender ears.”
Morgeson and spokespeople for Texas Tech did not respond to Inside Higher Ed’s request for comment on the lawsuit.
In a statement, Garrett Gravley, program counsel at the Foundation for Individual Rights and Expression, called Texas Tech’s actions an “egregious” violation of the First Amendment.
“Fisher is in academic jeopardy of the highest order: her entire legal career and education are at stake. Yet TTU has failed to give her sufficient notice or information about her alleged conduct—and why it amounts to an Honor Code violation,” Gravely wrote. “This notice is required for her to properly defend herself. Despite multiple meetings and correspondence with administrators, Fisher has still been left to guess what, specifically, she did to warrant investigation and potential punishment.”
