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Judge Reinstates South Dakota Professor, Halts Firing Over Facebook Post on Charlie Kirk

The ruling signals courts may constrain public employers that punish off‑duty political speech.

Overview

  • U.S. District Judge Karen E. Schreier granted a temporary restraining order requiring the University of South Dakota to reinstate tenured art professor Phillip Michael Hook and pause his termination pending an Oct. 8 hearing.
  • The judge concluded Hook spoke as a citizen on a matter of public concern and noted the university failed to produce evidence that his post disrupted operations.
  • Hook’s Sept. 10 private Facebook post called Kirk a “hate spreading Nazi,” which he deleted within hours and apologized for, after which state officials including Gov. Larry Rhoden and House Speaker Jon Hansen publicly pressed for his dismissal.
  • University and Board of Regents officials reported receiving hundreds of complaints after the post; the court order makes Hook’s reinstatement retroactive to Sept. 12.
  • The decision lands as educators in Indiana, Iowa and South Carolina sue over discipline for their social‑media comments on Kirk’s killing, testing First Amendment protections for public‑sector employees.