Attorney General Todd Rokita has sent legal guidance to school superintendents and public university administrators explaining their authority consistent with the First Amendment to discipline or terminate educators who make public statements that are disruptive to school operations.
The assassination has generated grief and outrage across the nation. Disturbingly, some Indiana educators have exacerbated the pain and sorrow that many parents and students are feeling by making divisive statements that excuse or even celebrate Kirk’s death.
“When teachers or professors entrusted with shaping young minds cheer the violent death of a political figure, they forfeit the moral authority to stand in front of a classroom,” Attorney General Rokita said. “Free speech is not a license for public employees to disrupt government operations by destroying public trust through callous, crude, and controversial speech. Schools and universities have legal authority to act to restore public confidence in our schools by disciplining these teachers—up to and including termination.”
The Attorney General’s guidance makes clear that while educators retain First Amendment rights, those rights are not unlimited in the government employment context. Courts have consistently recognized that public employers may regulate government employee speech—including speech made in an employee’s private capacity—when it disrupts government operations. As the Supreme Court has said, “when a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom.” Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). That is especially true for teachers, who occupy uniquely sensitive and important positions.
The Attorney General’s guidance also explains that, in many if not most cases, the noxious speech some public-school teachers have engaged in with respect to Charlie Kirk could be proper subjects for disciplinary action by schools.
“Schools don’t need to wait for chaos to break out,” Rokita emphasized. “The law permits administrators to act proactively when a teacher’s speech threatens disruption or corrodes community confidence. Schools are well within their legal authority to prioritize protecting students and preserving public trust.”
The Attorney General’s Office has received hundreds of complaints from parents and other concerned Hoosiers about troubling comments made by educators on social media and in other forums. To promote accountability and transparency, the Attorney General encourages citizens to continue submitting complaints to the Eyes on Education portal on the Attorney General’s website.
“Parents are the most important voice in their children’s education,” Rokita said. “By sharing items of concern, you ensure that Indiana classrooms remain safe, supportive, and focused on educating our children, not indoctrinating them or exposing them to controversial political views. Together, we can and should hold educators to the highest standards.”
