Teacher suspended by LEA for Facebook posts on Kirk, files lawsuit citing First Amendment rights
A Georgia high school teacher and former Teacher of the Year candidate has filed a federal lawsuit against her local education authority (LEA) after being suspended over Facebook comments about conservative activist Charlie Kirk’s death. Michelle Mickens, an English teacher at Oglethorpe County High School, alleges that the district violated her First Amendment rights by urging her to resign following social media activity on her private account.Mickens, who was a runner-up for Georgia Teacher of the Year in 2022, is suing the Oglethorpe County School System and Superintendent Beverly Levine. According to the lawsuit, Mickens was placed on indefinite paid leave after administrators were alerted to Facebook posts and comment threads in which she criticised Kirk and condemned political violence.Comments sparked backlash onlineThe controversy began when Mickens shared a quote from Charlie Kirk on her private Facebook page on the day he was fatally shot during a public event at a Utah college. The quote, attributed to Kirk, stated: “I think it’s worth it. I think it’s worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our God-given rights.”Although her Facebook settings restricted the post to “friends only,” it was later circulated widely after a former classmate took a screenshot. In follow-up comments, Mickens wrote: “I don’t condone this, but he was a horrible person… a fascist full of hate,” and added that the “world is a bit safer without him.” She later clarified that while saddened by the country’s gun violence, she believed Kirk contributed to “vitriolic language.” These remarks were quoted in her legal filing.The post, along with others, were shared by a social media account called “WomenPostingLs,” which has around 600,000 followers. Calls for her termination soon followed. Mickens was then tagged in additional posts that referenced another teacher’s dismissal and warned that she could be next. She was sent home from school the same day her post went viral.LEA involvement and responseAccording to the lawsuit, Mickens was informed by Principal Bill Sampson and Superintendent Levine that the school had received complaints but that she was “not in trouble.” However, by the end of the month, Mickens was told through her union representative that the district no longer wanted her to return and that her employment could be terminated unless she resigned.In a statement to 11Alive, Superintendent Levine said, “While many of the facts stated in the suit and the press statements on plaintiff’s behalf are inaccurate or incomplete… the District prefers to litigate the issues in that forum and not in the press or in the public.”Employment history and supportMickens has worked as a teacher for 24 years. Supporters have launched an online petition opposing her potential dismissal, which has received over 1,100 signatures.Social media post triggered wide circulationThe person who initially shared Mickens’ post online also referenced a similar case involving a South Carolina teacher. The lawsuit states that a comment accompanying the screenshot said, “The Georgia b**** is next.” Mickens learned of the online attention through a text from a friend in Chicago warning her that her Facebook content was being shared across platforms.Autonomy or avoidance: universities under scrutinyThe case adds to ongoing debates about freedom of speech in academic settings. Institutions often walk a fine line between protecting personal expression and maintaining public confidence. Critics argue that the autonomy claimed by some educational institutions may shield them from accountability. Others question whether schools and universities are defending independence or resisting needed reforms in response to public pressure and shifting political climates.Suit filed in federal courtMickens’ lawsuit asserts that the actions taken against her were a response to constitutionally protected speech unrelated to her official duties. It also states that the social media posts did not mention her employer, school, or students, and were made outside work hours on a private account not shared with colleagues or students.No criminal charges or formal disciplinary findings have been reported against Mickens. The legal proceedings are currently ongoing in federal court.
