Fine line of free speech online: Former Auburn educator sues university after termination

ALABAMA (WHNT) — The murder of Conservative Commentator Charlie Kirk prompted mourning across the nation. In the aftermath, a former Auburn University educator saw her life change dramatically over a negative post about Kirk’s death.

Candice Hale is suing Auburn University and the University of Alabama, where she taught some online courses, claiming her First Amendment rights were violated. The lawsuit states that Hale’s dismissal was “without any formal investigation, hearing, or opportunity to respond.” 

“I think there’s a difference between hate speech and threatening someone, versus having an opinion,” Hale said.

Hale posted a statement to Facebook following Kirk’s death, using language such as “I will not mourn the wicked”. She said the social media post resulted in the two universities terminating her position and believes she is not the only one facing this scrutiny.

“I think it’s affecting other educators and just people in general that feel like they can’t say anything if it doesn’t line up with the status quo of who’s in power,” Hale said.

Auburn University President Christopher Roberts, who is named in one of the lawsuits, released a statement on Facebook in September announcing the termination of employees due to such posts for violating the University’s code of conduct.

The lawsuit posed the question: Does someone’s personal social media reflect on their capacity to do their job fairly?

“That’s a question I think is still in flux in the United States,” Mastando & Artrip Attorney Eric Artrip said. “Where does the personal and professional line exist, and is it blurred to the point where everything we post on social media can then be attributed to our employer?”

Artrip stated that private employers can enforce rules they see fit, but public institutions, such as the universities, cannot infringe on an employee’s First Amendment rights. He said it ultimately boils down to whether or not the courts find the post to be protected speech classified as public concern, or unprotected speech, such as fighting words.

The question remains: How much does an employee’s social media activity impact their ability to adequately do their job? Artrip said the courts are working to define an answer to that problem.

“That’s the line that has to be drawn here. Certainly, the right to free speech is not unlimited,” Artrip said. “The question becomes, is it a matter of public concern that the First Amendment protects, or is it hate speech and other things like this that the First Amendment does not protect?”

The University of Alabama told News 19’s Peyton Newman that it is aware of the lawsuit and does not comment on pending litigation. Auburn University has not responded to a request for comment.