Suzanne Swierc sued after being fired from Ball State over a social media post she made in the wake of the assassination of conservative speaker Charlie Kirk.
MUNCIE, Ind. — A fired Ball State administrator will receive $225,000 in a settlement after she was terminated for making a Facebook post about the assassination of conservative activist Charlie Kirk.
The ACLU of Indiana announced Tuesday, May 26, that it had reached a settlement in its First Amendment lawsuit against Ball State University President Geoffrey Mearns.
This lawsuit was on behalf of former university director of health promotion and advocacy Suzanne Swierc.
“As a public university, Ball State cannot fire an employee for protected speech made as a private citizen on a matter of public concern,” the ACLU said in a statement. “The agreement also allows Ball State employees to serve as references for Swierc and provides that, if asked, her supervisors will acknowledge her positive contributions to health promotion and advocacy work at the university.”
The ACLU said the settlement agreement was fully executed late last week.
“Suzanne was speaking as a private citizen on a matter of public concern when Ball State fired her over a private social media post,” said Stevie Pactor, senior staff attorney at the ACLU. “The First Amendment does not allow government institutions to retaliate in those circumstances, and this settlement reflects that.”
In the Facebook post, Swierc wrote, in part, “If you think Charlie Kirk was a wonderful person, we can’t be friends.” Swierc went on to call his death “a tragedy” for his family, but also “a reflection of the violence, fear, and hatred he sowed.”
A spokesperson with Ball State confirmed Swierc’s termination Sept. 17, 2025, citing Hedgepeth v. Britton, a federal ruling that allows schools to discipline employees when their speech disrupts operations or undermines trust.
However, the lawsuit alleges Swierc’s termination is a violation of her First Amendment right to free speech. The lawsuit says Swierc’s Facebook settings are private, and someone took a screenshot of the post, highlighted portions of it and created an image of the post alongside her employee listing in the Ball State University online staff directory.
The image of Swierc’s post was then submitted to and shared on Indiana Attorney General Todd Rokita’s “Eyes on Education” portal, with Rokita also sharing the image on his Facebook page.
In a statement, Ball State said her post was “inconsistent with the distinctive nature and trust” of her leadership. Administrators added it caused significant disruption on campus.
According to the ACLU, Mearns met with Swierc days after the post to inform her that she was being fired, effective immediately. The ACLU said Swierc was not allowed to have an attorney present at the meeting, and a letter signed by Mearns indicated the Facebook post was the only reason for her termination.