A high school English teacher in Georgia, previously recognized as a Teacher of the Year finalist, has filed a lawsuit against her school district. Michelle Mickens alleges she was removed from her classroom and faces termination after making comments about conservative pundit Charlie Kirk on her private Facebook page.
The legal action claims her remarks, posted shortly after Kirk's assassination, are protected under the First Amendment, asserting her right to free speech as a private citizen.
Key Takeaways
- Michelle Mickens, a Georgia Teacher of the Year finalist, is suing Oglethorpe County High School District.
- She was allegedly suspended and faces termination over a private Facebook post discussing Charlie Kirk.
- Mickens claims her comments are protected by the First Amendment.
- The district reportedly received a complaint after a screenshot of her post was shared publicly.
- Mickens seeks reinstatement to her teaching position and unspecified damages.
Teacher's Social Media Post Leads to Suspension
Michelle Mickens, a 55-year-old veteran English teacher with two decades of experience, posted her comments on Facebook hours after Charlie Kirk's death in September. Kirk was killed during a speaking engagement at a Turning Point USA event at Utah Valley University.
Mickens' post, shared on her private page, stated:
"I don’t condone violence of any kind, and I certainly don’t condone this, but he was a horrible person, a fascist full of hate for anyone who was different. While I’m sad that we live in a country where gun violence is an epidemic, the world is a bit safer without him."
The day after her post, Oglethorpe County High School Principal Bill Sampson and Superintendent Beverly Levine called Mickens into a meeting. They informed her the district had received a complaint about her online activity but initially stated she was not in trouble.
Fact Check
Charlie Kirk, a prominent conservative figure, was assassinated while speaking at a public event. His death sparked widespread discussion and debate across various platforms.
Public Sharing Escalates District Action
The situation changed days later when a former high school classmate of Mickens allegedly took a screenshot of her private Facebook post. This individual then shared the screenshot on X, formerly Twitter, along with the school's phone number and Principal Sampson's direct email address.
The classmate reportedly urged social media users to contact Sampson and express their opinions on "letting someone like her teaching [sic] children." This public call to action significantly amplified the visibility of Mickens' comments.
Following this development, Mickens had another meeting with Principal Sampson and Superintendent Levine. During this meeting, she was reportedly urged to delete her Facebook comments and issue an apology. Mickens stated in her lawsuit that she requested to consult with her attorneys before taking any action.
Removal from Classroom and Imminent Termination
After her second meeting with district officials, Mickens was sent home early. She was later instructed not to return to school the following week. She soon discovered she had lost access to the school's email system, signaling a more serious administrative action.
According to the lawsuit, a union representative informed Mickens that the district intended to fire her if she did not resign. This suggests the district had moved beyond a simple complaint and was pursuing formal disciplinary action.
Background on Teacher Free Speech
Public employees, including teachers, generally retain First Amendment rights to free speech. However, these rights are not absolute and can be balanced against the employer's interest in efficient public service and maintaining a suitable educational environment. Courts often consider whether the speech was made as a private citizen on a matter of public concern, and if it disrupted school operations.
District Hires Replacement, Mickens Seeks Reinstatement
Court documents indicate that Superintendent Levine informed a subsequent Board of Education meeting that the district had already hired a replacement for Mickens. This suggests the district considered her removal from the classroom to be permanent.
Mickens, a dedicated educator for two decades, is now seeking to be reinstated to her teaching position at Oglethorpe County High School. Additionally, her lawsuit requests unspecified damages for the alleged violation of her rights.
As of this report, attorneys for Michelle Mickens, Principal Bill Sampson, and Superintendent Beverly Levine have not responded to requests for comment. The lawsuit highlights the ongoing legal and ethical complexities surrounding public employees' social media use and their First Amendment protections.
The outcome of this case could set a precedent for how school districts handle teachers' private expressions on social media, especially when those expressions become public and draw external attention. It underscores the delicate balance between an individual's right to free speech and an employer's need to maintain a professional environment.
