Professor Can’t Be Fired for Criticizing Charlie Kirk, Judge Rules

A federal court has ordered the University of South Dakota to reinstate an art professor who was removed for calling Charlie Kirk a “hate spreading Nazi.”

U.S. District Court Judge Karen Schreier in South Dakota’s Southern Division granted Professor Phillip Michael Hook’s request Wednesday night to block the school from firing him over the post on his personal Facebook page, ruling that Hook had a fair chance of proving that his First Amendment rights had been violated.

Hours after the right-wing activist was fatally shot in Utah, Hook posted on Facebook calling Kirk a “hate spreading Nazi” and questioned why there had been no equivalent outrage for the shootings that killed Minnesota state Representative Melissa Hortman and her husband in June.

In a subsequent post, Hook said he’d taken down his original post and apologized to “those who were offended.”

Soon after, Hook received a letter from the university placing him on administrative leave and expressing school leadership’s intent to terminate his contract for violating USD’s speech policy requiring employees with “special obligations” to “be accurate, show respect for the opinions of others, and make every effort to indicate when they are not speaking for the institution.”

But Schreier didn’t buy it. “The court concludes that Hook spoke as a citizen and his speech was on a matter of public concern,” she ruled, adding that the university had blatantly punished him because of his speech, and done so without proving his words had an adverse impact on the institution. Therefore, Hook was likely to win First Amendment protections.

Schreier ordered the university to reinstate Hook until the preliminary injunction hearing early next month.

This ruling comes as Vice President JD Vance has come down hard against calling political enemies Nazis (something he once did to the sitting president), and Donald Trump warned that violent rhetoric from the left had sparked a recent spate of violence—and would soon invite “bad things” from the right.