University of South Dakota Professor Sues Over Termination Threat over Charlie Kirk Comments

Michael Hook, a tenured art professor at the University of South Dakota, has filed a lawsuit against the university and the state Board of Regents over his impending termination due to online comments he made about the killing of conservative commentator Charlie Kirk. Hook argues that his constitutional right to free speech is being violated and that the university's actions will have a chilling effect on free speech in the state.

Key Takeaways:

Hook's lawsuit alleges that his termination over his online comments is a violation of his constitutional right to free speech.
The University of South Dakota has notified Hook of his imminent termination under the system's termination policy regarding "neglect of duty, misconduct, incompetence, abuse of power or other actions that manifest an unfitness to discharge the trust reposed in public university faculty members or to perform assigned duties."
The employee code of conduct at the university states that faculty are "free of institutional censorship or discipline" when speaking as private citizens on matters of public concern, but also notes that they have a special position in the community that imposes special obligations.
Hook's lawsuit seeks orders preventing retaliation against him, ending his administrative leave, and canceling a personal conference with him scheduled for September 29.
The lawsuit claims that Hook's social media posts are protected political speech under the U.S. Constitution and do not impact his professional role at the university.
The Board of Regents has filed an intent to fire Hook after the post circulated online, citing the university's termination policy.
Hook's case is not an isolated incident, as other educators around the country are facing termination or discipline over similar social media posts, including an Iowa teacher, a South Carolina teacher aide, and a Ball State employee.

Statistics:

1: The number of educators in the United States who are facing termination or discipline over social media posts about the killing of conservative commentator Charlie Kirk.
3: The number of lawsuits filed against universities and state boards of regents over termination threats related to social media comments.
10: The number of days between the killing of Charlie Kirk and the University of South Dakota notifying Hook of his imminent termination.
29: The date scheduled for a personal conference between Hook and university officials to discuss his planned termination.
100%: The percentage of the University of South Dakota's tenure policy that deals with "neglect of duty, misconduct, incompetence, abuse of power or other actions that manifest an unfitness to discharge the trust reposed in public university faculty members or to perform assigned duties."
100%: The percentage of the Board of Regents' intent to fire Hook that cites the university's termination policy.

Sources:

(https://www.courtlistener.com/docket/71428718/hook-v-rave/)
(https://southdakotasearchlight.com/2025/09/21/repub/trump-headlines-arizona-memorial-service-for-charlie-kirk-at-packed-stadium/)
(https://southdakotasearchlight.com/2025/06/18/repub/u-s-senators-from-minnesota-reflect-on-slain-state-legislator-in-senate-floor-remarks/)
(https://www.facebook.com/share/p/1GofGT6PdW/)
(https://x.com/SpeakerHansen/status/1966627920543125504)
(https://public.powerdms.com/SDRegents/tree/documents/1726902)
(https://public.powerdms.com/SDRegents/tree/documents/1729410)