Suzanne Swierc, formerly director of health promotion and advocacy at Ball State University, was fired after posting a private Facebook message criticizing conservative activist Charlie Kirk. Ball State said the post caused significant disruption and was the sole reason for termination. A federal lawsuit filed by the ACLU alleged the firing violated Swierc’s constitutional free-speech rights. The claim stated she spoke as a private citizen on a matter of public concern, so government retaliation was not allowed. The settlement provides $225,000 to resolve the dispute. Ball State President Geoffrey Mearns said backlash threatened enrollment and fundraising and characterized the payment as modest compared with the cost of continued litigation.
"Swierc worked as director of health promotion and advocacy at Ball State's campus in Muncie, Indiana, before she was fired last September. Ball State cited Swierc's private Facebook post about Kirk as the sole reason for her termination, saying it caused "significant disruption" to the campus."
"Swierc's firing violated her constitutional rights because she was "speaking as a private citizen on a matter of public concern," said Stevie Pactor, an ACLU attorney in Indiana. "The First Amendment does not allow government institutions to retaliate in those circumstances, and this settlement reflects that," Pactor said in a statement."
"Mearns defended firing Swierc in a statement sent Tuesday to campus leaders, which a Ball State spokesperson shared with The Associated Press. Mearns said backlash over Swierc's post threatened to harm the school's student enrollment and fundraising. He said the settlement's "modest monetary payment" to Swierc was substantially less than fighting her lawsuit would have cost."
"The American Civil Liberties Union announced the settlement in a federal lawsuit it filed last year on behalf of Suzanne Swierc against Ball State University President Geoffrey Mearns. The woman's attorneys said Tuesday she will receive $225,000 to settle a lawsuit that accused her former employer of violating her free-speech rights."
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