Iowa teacher fired over Charlie Kirk post sues school district for infringing free speech

A former teacher is suing Oskaloosa Schools and its superintendent, alleging a violation of his constitutional free speech rights after he was fired for comparing conservative activist Charlie Kirk to a Nazi on social media following Kirk’s slaying.

Former Oskaloosa High School teacher Matthew Kargol filed the lawsuit in federal court Thursday, Sept. 18, accusing the district of violating his First Amendment rights and firing him over protected speech.

The seven-member Oskaloosa school board unanimously voted Sept. 17 to immediately terminate Kargol’s employment, approving Superintendent Mike Fisher’s recommendation based on the district’s investigation.

The post has sparked controversy and fueled calls among Republicans to clamp down on how schools and universities discipline employees. It landed Kargol among a growing number of employees whose social media activity has resulted in their employment being terminated.

USA Today has counted more than 100 such incidents across schools and other industries.

The lawsuit alleges Fisher responded “not by examining whether the post had any impact on Mr. Kargol’s ability to teach or the district’s ability to provide educational services in an efficient and effective manner, but by condemning Mr. Kargol’s viewpoint.”

Kargol requested a closed session to discuss the superintendent’s recommendation under Iowa law, so the deliberation was not open to the public. He wasn’t present for the board meeting, and attempts to reach him for comment have not been successful.

In open session, the board voted 7-0 to terminate Kargol for just cause under Iowa Code chapter 279, which governs public employees, especially around schools.

In a statement Sept. 18, the school district said it was alerted earlier in the day to the lawsuit filed in district court.

“This matter was handled in accordance with applicable federal and state law and board policy,” district officials said. “Because this is both a personnel matter and pending litigation, Oskaloosa Schools cannot provide further comment at this time. Our focus remains on creating safe, healthy, and kind schools that engage all students to embrace the power of learning.”

Court complaint acknowledges Kargol posted ‘1 Nazi down’

Kirk, the 31-year-old founder of the conservative group Turning Point USA, died after being shot in the neck Sept. 10 during a question-and-answer session with students while speaking at Utah Valley University in Orem, Utah.

Police arrested 22-year-old Tyler Robinson in connection with the shooting and charged him with aggravated murder, felony discharge of a firearm, obstruction of justice, witness tampering and the commission of a violent offense in the presence of a child. He could face the death penalty.

Oskaloosa Schools confirmed Sept. 11 that Kargol was placed on administrative leave pending an investigation into a social media post. District officials were notified around 5:15 p.m. Sept. 10 of the post.

According to the complaint, Kargol graduated from Oskaloosa High School and came back to teach there in 2012, where he was employed under a continuing contract.

While off duty, from his personal Facebook account and using no school resources, court records confirm Kargol posted “1 Nazi down” in connection with Kirk’s death.

“Mr. Kargol’s comment was rhetorical hyperbole about a widely reported public event,” the complaint states. “It did not threaten any person, did not incite imminent unlawful action and was not directed at any member of the school community.”

The complaint calls the post a “blunt personal reaction to a high-profile political event: speech on a matter of public concern at the very core of the First Amendment’s protections.”

Nothing in the post was identifying him as in Oskaloosa Schools employee or referencing the school district, the complaint states.

The complaint says Kargol “consistently received positive evaluations and has never been disciplined for conduct that would justify termination.”

Moreover, court records say a “politically motivated pressure campaign” of complaints from community members urged punishment for the content of Kargol’s speech.

Lawsuit: District’s actions ‘strike at the heart of the First Amendment’

Based on an interview with KCBD, the suit alleges Fisher condemned Kargol’s post on religious beliefs, speaking as “a man of faith,” rather than evidence of disruption.

“By terminating Mr. Kargol’s employment for the content of his speech, defendants wielded state power to punish a citizen for expressing his opinion on political issues,” the complaint states. “Their actions strike at the heart of the First Amendment and chill the exercise of constitutional rights.”

Kargol is suing for his employment to be reinstated, for punitive damages against Fisher “to deter him and other officials from engaging in similar conduct,” and for costs tied to the litigation as well as for injuries including lost wages, reputational damage and emotional distress.

Marissa Payne covers the Iowa Statehouse and politics for the Register.

This article originally appeared on Des Moines Register: Iowa teacher fired over Charlie Kirk post sues school district for infringing free speech

Reporting by Marissa Payne, Des Moines Register / Des Moines Register

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