Free Speech Does Not Protect Teachers Glorifying Political Violence

The assassination of Charlie Kirk at Utah Valley University has ignited a moral and legal crisis that schools cannot ignore. The question before us is not whether teachers enjoy freedom of speech. They do. The question is whether that freedom extends to celebrating political violence, particularly violence that took place in a school setting. The answer, grounded in law, ethics, and common sense, is no. Schools not only may, but must, act decisively to discipline or fire educators who glorify Kirk’s killing.

The law here is clear. In Garcetti v. Ceballos (2006), the Supreme Court held that speech by public employees made pursuant to their official duties is not protected by the First Amendment. Teachers, as government employees, are subject to this standard. What about speech made outside of official duties? Courts apply the Pickering test, first articulated in Pickering v. Board of Education (1968), which requires balancing a teacher’s right to comment on matters of public concern against the school’s interest in maintaining order, trust, and effectiveness. In cases where a teacher’s public remarks cause serious disruption or undermine their fitness to teach, schools win. That is precisely the situation with teachers who praise or justify Kirk’s assassination.

Some may object that political violence is a matter of public concern. True. But the courts distinguish between substantive commentary and gratuitous celebration. In Connick v. Myers (1983), the Court made clear that not all speech qualifies as public concern. Hateful or purely celebratory remarks that add nothing to debate fall outside the core of First Amendment protection. The Rankin v. McPherson (1987) decision is sometimes invoked by defenders of radical speech, but that case is starkly different. There, a clerical employee privately quipped that she hoped President Reagan would be assassinated. The Court reinstated her because her statement was private, caused no disruption, and did not undermine the functioning of the office. Today’s teachers who publicly applaud Kirk’s murder on 𝕏 or Facebook do the opposite. Their words are public, disruptive, and corrosive of their role as educators.

Recent events prove the point. A teacher in Newport News, Virginia was fired after posting “I hope he suffered through all of it” in response to Kirk’s killing. A Houston-area school district fired an employee for “completely unacceptable” remarks about the murder. In Tennessee, multiple professors were placed on leave after posting comments that framed the assassination as “a victory.” These are not isolated examples, they reflect a pattern. Schools and universities across the country have invoked both legal and ethical obligations to remove educators who cross the line into glorifying violence.

Nor are these decisions reckless or reactionary. They are prudent. Students and parents must have confidence that educators will model decency and respect. When a teacher cheers political murder, that confidence evaporates. The disruption to the school environment is not speculative, it is immediate. Students who supported Kirk, or who simply fear for their safety, will no longer trust a teacher who glorifies violence. Parents will question the moral fitness of a school that tolerates such behavior. Courts, recognizing the special responsibility of schools, routinely defer to administrators in such circumstances. The Pickering balance here weighs heavily in favor of the schools.

Moreover, the ethical codes governing educators demand good moral character. In Texas, for example, the Educators’ Code of Ethics prohibits threats or endorsements of violence and requires that teachers remain worthy role models for youth. While praising assassination is not a direct threat, it unmistakably violates the spirit and letter of such standards. It signals that the teacher does not value human dignity or civil disagreement, values essential to education itself. Schools that discipline such teachers are not infringing on rights, they are upholding professional obligations.

Critics may cry censorship, but this misunderstands the issue. Teachers are not punished for criticizing Kirk’s politics. They are punished for celebrating his murder. That distinction is crucial. Criticism of Kirk’s ideas would be protected, even if harsh. Glorification of his assassination is not. The law recognizes that speech inciting or celebrating violence undermines public safety and institutional trust. No school can allow that corrosion to spread unchecked.

It is also worth noting the irony of the situation. Teachers who once justified or applauded Kirk’s execution for his speech now protest that their own speech has cost them a job. They do not recognize that they are not martyrs for free speech but violators of professional duty. They sought to silence Kirk permanently through celebration of violence, and now cry foul when held accountable. Their hypocrisy only strengthens the case for decisive discipline.

The deeper principle is this: schools are entrusted with the moral and intellectual formation of the next generation. That trust demands a standard higher than the minimum rights of private citizens. A private individual might escape legal sanction for tasteless remarks, but an educator cannot escape professional sanction when those remarks destabilize a school and erode public trust. The law, the ethics of teaching, and the needs of students all converge on the same conclusion. Educators who glorify political violence must be suspended, disciplined, or fired.

Far from violating the First Amendment, these actions uphold the constitutional balance between free speech and government interest. They reflect the judiciary’s longstanding recognition that the unique mission of schools requires decisive protection against disruptive and violent rhetoric. In the wake of Charlie Kirk’s assassination, the principle has never been clearer. Schools have both the right and the duty to ensure that hateful and violent speech has no place in our classrooms.

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