Iowa school associate files lawsuit after firing over Charlie Kirk post
KNOXVILLE, TENNESSEE: A school associate in Knoxville has filed a lawsuit against the district after being fired for posting about the late conservative activist Charlie Kirk.
Former employee Stacey Sumpter is taking legal action against the Knoxville Community School District, alleging the district's decision to terminate her employment on the basis of her post about Kirk's death on her private Facebook page denied her First Amendment and due process rights.
Fired associate sues district over Facebook post
Following the death of conservative activist Charlie Kirk in September, Stacey Sumpter posted a comment on her personal Facebook page that quickly drew attention.
The comment stated: "Normally I would say Auf wider sehen; but since that technically means 'til I see you again'. So since I never wish to see you again, to you; I say goodbye." According to court records, Sumpter was dismissed just days after posting this. Sumpter is now seeking reinstatement to her position and damages as part of her lawsuit against the district.
Due process denied: Sumpter claims no termination hearing
Sumpter, in her court filing, said the district didn't afford her an appropriate opportunity to present her side of the story before her termination.
She claims that she was never provided a hearing, which goes to the root of her due process claim.
The document states: "Since her termination, there has been no administrative review that would afford Ms. Sumpter the very due process promised to her by District policy."
This is an allegation that the district did not follow its own internal procedures for employee termination and review. The district has said publicly it doesn't comment on pending litigation.
Firing challenge roots in first amendment protection of private speech
At the center of Sumpter's lawsuit is a claim that the school district violated her First Amendment rights.
Sumpter's lawyers argue that because she posted the comment on her personal Facebook page, she was speaking as a private citizen on a matter of public concern and, thus, her speech should be protected, rather than as an employee speaking as part of her official duties.
Her lawyers believe that off-duty, private social media expression should not have served as a reason for her termination; hence, they base the root of her challenge on this.
Stacey Sumpter isn't the only Iowa educator in trouble over social media comments
Former Oskaloosa teacher Mattew Kargol got fired, then sued his district after saying "1 Nazi Down." His complaint called the remark "rhetorical hyperbole."
Meanwhile, Creston teacher Melisa Crook sued her district after her school put her on leave over a post calling Kirk a "terrible human being" and his death "a blessing." A judge has temporarily barred the Creston district from firing Crook amid the legal back-and-forth about these educators' rights.
