INDIANAPOLIS — The ACLU of Indiana announced Tuesday that Ball State University President Geoffrey Mearns and former university employee Suzanne Swierc reached an agreement in a First Amendment lawsuit alleging Swierc was wrongfully terminated after publishing a social media post related to the death of Charlie Kirk.
According to the formal complaint, Swierc posted to her private Facebook page on Sept. 10, 2025, that “Charlie Kirk’s death is a reflection of the violence, fear, and hatred he sowed. It does not excuse his death, AND it’s a sad truth.”
After the post was published, “someone obtained a screenshot” of it, and it was “shared on numerous public-facing social media sites.” The complaint stated that the posts had “highlighted portions of it, and joined it with Ms. Swierc’s description from the Ball State University staff directory.” The complaint also noted that the circulation of the edited image quickly drew widespread public attention online.
The post was also submitted to Indiana Attorney General Todd Rokita through his “Eyes on Education Portal,” where “a special section is dedicated to disseminating posts made by other people related to Mr. Kirk’s death that…celebrate or glorify violence.”
Rokita said his office “is not conducting investigations into these individuals.” Instead, according to the complaint, the goal was “to provide transparency, equipping parents with the information they need to make informed decisions about their children’s education.”
Rokita posted the edited image on the “Eyes on Education Portal,” numerous public-facing social media sites and his Facebook page. Swierc “became aware…that Attorney General Todd Rokita had reposted the edited image, including her Ball State employee directory entry, to various social media channels.”
After receiving numerous harmful messages, Swierc “had a brief phone call” with her supervisor, during which she said she “had received a threat of violence and other harassing messages.”
A meeting was scheduled on Sept. 15, 2025, where Swierc spoke to Melissa Rubrecht, head of employee relations, about the “numerous harassing messages, including one suggesting that Ms. Swierc should ‘get what Charlie Kirk got.’”
Rubrecht had “indicated that the University would be looking into whether this would be considered speech made by Ms. Swierc in her private or employee capacity,” but the possibility of discipline was never discussed.
On Sept. 17, 2025, Swierc attended a meeting where Rubrecht “informed Ms. Swierc that her employment at Ball State University was being terminated” by Ball State President Geoffrey Mearns. Swierc was “not permitted to have an attorney present at the meeting.”
According to the complaint, “the letter indicates that the sole reason for Ms. Swierc’s termination was her Facebook post.”
Additionally, “Ms. Rubrecht informed Ms. Swierc that there was no possibility of challenging or appealing the termination.”
Swierc has “suffered emotional, financial, and other damages” as a result of her termination.
On Sept. 22, 2025, the ACLU of Indiana “filed a lawsuit against the president of Ball State University,” alleging the termination was “a violation of her First Amendment right to free speech.”
Senior Staff Attorney Stevie Pactor issued a statement declaring that “people do not forfeit their First Amendment rights when they are hired by government institutions.” He continued, “public employees are free to speak on matters of public concern so long as they are speaking as private citizens,” which, according to the lawsuit, applied to Swierc’s Facebook post.
Pactor called Swierc’s termination “unconstitutional.”
The ACLU of Indiana reiterated that “as a public university, Ball State cannot fire an employee for protected speech made as a private citizen on a matter of public concern.”
On Tuesday, the parties reached an agreement, and “the settlement resolves Swierc’s claims and provides that she will receive $225,000.” In addition, the agreement “allows Ball State employees to serve as references for Swierc.” If asked, “her supervisors will acknowledge her positive contributions to health promotion and advocacy work at the university.”
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