ACLU sues Clemson for firing professor over Facebook post criticizing Charlie Kirk

Tillman Hall on the campus of Clemson University is seen on Monday, April 18, 2016, in Clemson, SC. Students have spent a week at Sikes Hall, calling for Clemson to be more diverse, including changing the name of Tillman Hall. Clemson trustees voted last Friday to ask the General Assembly to let it change the name of Tillman Hall, a main building on campus named for “Pitchfork” Ben Tillman. (AP Photo/Jeffrey Collins, File)

(WCIV) — The American Civil Liberties Union of South Carolina filed a lawsuit Friday against Clemson University, accusing the school of violating the First Amendment by firing a faculty member over a Facebook post criticizing the late conservative commentator Charlie Kirk.

The complaint, filed in U.S. District Court on behalf of former assistant professor Joshua Bregy, seeks his reinstatement, corrections to his personnel record and monetary damages.

“The First Amendment protects the rights of public employees to speak in their personal capacity on important public topics,” said Allen Chaney, legal director for the ACLU of South Carolina. “When it comes to free speech, Clemson isn’t allowed to cave to the whims of a political mob. Fortunately for us all, the Constitution is made of sterner stuff than that.”

Bregy reposted a message on his personal Facebook page shortly after Kirk’s assassination, condemning political violence but criticizing what he described as Kirk’s “cruel ideas.” Hours later, the Clemson College Republicans resurfaced the post and called for Bregy’s termination, sparking pressure from conservative lawmakers.

According to the lawsuit, Clemson initially pledged to uphold free speech protections but reversed course within three days, dismissing Bregy and another faculty member after state politicians threatened to cut the school’s funding.

The complaint ties the firings to a broader campaign of retaliation against critics of Kirk, who died after being shot while speaking in Utah on Sept. 10.

According to the lawsuit, House Speaker Murrell Smith and Senate President Thomas Alexander sent a letter demanding the board take “immediate and appropriate action” or risk losing funding

Bregy joined Clemson’s Department of Environmental Engineering and Earth Sciences in January 2023. He taught undergraduate and graduate courses on oceanography and coastal hazards and conducted research on hurricane records. The lawsuit argues his dismissal has left the university scrambling to cover those classes, since he was the only faculty member qualified to teach them.

Faculty members said the firing “sent shockwaves” through the campus, fractured trust in Clemson’s leadership and prompted an emergency meeting of the faculty senate. Some students voiced support for Bregy, and a GoFundMe launched by an alumnus has drawn donations from current and former students and faculty.

The Chronicle of Higher Education has reported that at least 40 professors, staff and students nationwide have faced disciplinary action over commentary about Kirk since his death.

The complaint also points to Clemson’s own stated commitments to free expression. In 2023, the university’s board of trustees voted unanimously to adopt the University of Chicago’s free speech principles, which state that it is not a university’s role “to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.”

The full text of the post that Dr. Bregy shared is below:

Let me preface this post by saying that violence is never okay and as much as I dislike someone and their cruel ideas, I would never want their life to be taken in an act of violence. Democracy should be built on ideas, not force. But I AM going to say this: If anyone thinks that a reasonable price for the second amendment is countless innocent lives, and then that person has the cold-heartedness and audacity to say that empathy is likened to a social disease, they will get no protracted sympathy from me. Unfriend me if you don’t like hearing this simple truth. I’ll never advocate for violence in any form, but it sounds to me like karma is sometimes swift and ironic. As Kirk said, “play certain games, win certain prizes.”

Moreover, the disgusting double standard for those on the “other side of the political line” is insane. Where was the outrage from the conservatives when Melissa Hortman, her husband, and even their dog was murdered in an act of political violence? Where were the thoughts and prayers from those who are outraged now? And why is there already a call from certain conservatives for retribution and violence? Doesn’t that say too much about what cruelty awaits in their vengeance?

Maybe you think I’m cruel too, but I’ll say this also – I truly grieve for Kirk’s family and friends. No one deserves to go through tragic loss like that. No one should be gunned down – not a school child, not an influencer, not a politician – no one. But am I going to allow people to make a martyr out of a flawed human being whose rhetoric caused notable damage? Not a chance.