INDIANAPOLIS — The ACLU of Indiana filed a federal lawsuit against a state university president, alleging he unconstitutionally fired an employee over her private social media post.
The lawsuit was filed Sunday against Ball State University President Geoffrey Mearns for terminating Suzanne Swierc, who worked as Director of Health Promotion and Advocacy from August 2023 until her firing on September 17.
According to the complaint, Swierc posted on her private Facebook account on September 10 that "Charlie Kirk's death is a reflection of the violence, fear, and hatred he sowed." She emphasized, "it does not excuse his death."
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The lawsuit details how someone obtained a screenshot of her private post, highlighted portions of it, and created an image combining the post with her Ball State employee directory listing.
That image was then shared on Indiana Attorney General Todd Rokita's "Eyes on Education" Portal and numerous social media sites. Rokita also reportedly shared the image on his official Facebook page.
Swierc began receiving harassing messages and threats, including one suggesting she should "get what Charlie Kirk got," according to the lawsuit.
The complaint states that on September 17, Mearns terminated Swierc in a five-minute meeting where she was not permitted to have legal counsel present. A termination letter signed by Mearns indicated her Facebook post was the sole reason for her firing.
The lawsuit seeks Swierc's reinstatement, expungement of her termination records, monetary damages, attorney fees, and other relief.
"People do not forfeit their First Amendment rights when they are hired by government institutions," said Stevie Pactor, Senior Staff Attorney ACLU of Indiana. "Public employees are free to speak on matters of public concern, so long as they are speaking as private citizens. Swierc's Facebook post clearly meets these criteria, and her termination was unconstitutional."
