The ACLU of Indiana has filed a lawsuit against Ball State University President Geoffrey Mearns, claiming the school violated a former employee’s First Amendment rights by firing her over a private social media post about conservative activist Charlie Kirk’s death.

According to the complaint, Suzanne Swierc, a Ball State employee, posted on her private Facebook account that while Kirk’s death was tragic and she prayed for his soul, it reflected “the hatred, fear, and violence that he sowed.” She also noted that the statement did not excuse his killing.

Although the post was only visible to her Facebook friends, someone took a screenshot, paired it with Swierc’s staff listing from the university’s online directory, and shared it publicly. The image circulated across social media platforms and was submitted to Indiana Attorney General Todd Rokita’s “Eyes on Education” portal. Rokita later reposted the image on his own Facebook page.

Days later, Swierc was called into a meeting with Mearns, where she was informed she was being terminated immediately. The lawsuit states she was not allowed legal representation during the meeting, and her termination letter cited the Facebook post as the sole reason for her dismissal.

“People do not forfeit their First Amendment rights when they are hired by government institutions,” said Stevie Pactor, senior staff attorney with the ACLU of Indiana. “Public employees are free to speak on matters of public concern as private citizens. Swierc’s Facebook post clearly meets these criteria, and her termination was unconstitutional.”

This comes after Governor Braun threatened teaching licenses over Charlie Kirk posts. All around the country educators have been warned about posting things that could be perceived as “insensitive” amid Charlie Kirk’s assassination.