Ball State University Settles Lawsuit Over Firing Tied to Charlie Kirk Post

A former Ball State University employee will receive $225,000 to settle a federal lawsuit alleging her termination violated free-speech rights. The American Civil Liberties Union filed the case last year on behalf of Suzanne Swierc, who had served as director of health promotion and advocacy at the Muncie, Indiana campus. The suit named Ball State University President Geoffrey Mearns.

Attorneys announced the agreement on Tuesday.

Stevie Pactor, senior staff attorney for the ACLU, said the First Amendment does not allow government institutions to retaliate against private citizens speaking on matters of public concern. Ball State fired Swierc last September after a screenshot of her private Facebook post circulated online.

The university cited the post as the sole reason for termination, stating it caused significant disruption to the campus.

Swierc called Kirk's killing a tragedy but added that his death reflected the violence, fear and hatred he sowed. She also wrote that anyone who viewed Kirk as a wonderful person could not be her friend. The post became public after a screenshot was shared through Indiana Attorney General Todd Rokita's Eyes on Education portal and other social media accounts.

Mearns defended the firing in a statement sent to campus leaders. He said the backlash produced a flood of calls and emails, including threats to withhold donations and at least one parent who planned to withdraw children from the school. Mearns described the reaction as extraordinarily damaging to the university's reputation and exceptionally disruptive to its mission.

" — Stevie Pactor, ACLU senior staff attorney, May 26, 2026 (ABC News) Mearns said the monetary payment was substantially less than the cost of continuing to fight the lawsuit.

Swierc is not the first person fired after commenting on Kirk's death to reach a settlement. A Florida state agency agreed earlier this month to pay $485,000 to a former biologist who reposted a meme about Kirk. In January, Austin Peay State University in Tennessee reinstated a professor and paid a $500,000 settlement after he was fired for sharing a 2023 headline quoting Kirk on gun deaths.