A federal judge has temporarily blocked the Creston Community School District from firing a high school teacher over a controversial Facebook comment she made about a deceased political activist. The ruling marks a significant development in a case that tests the boundaries of an educator's First Amendment rights when speaking as a private citizen.
Key Takeaways
- A federal judge issued a temporary restraining order preventing the Creston Community School District from terminating English teacher Melisa Crook.
- The judge ruled that Crook is likely to succeed on her First Amendment claim, stating she spoke as a private citizen on a matter of public concern.
- Crook will remain on administrative leave pending a future court hearing scheduled for October 31, 2025.
- The teacher's lawsuit alleges a double standard, citing pro-Republican social media posts by the superintendent and school board president.
Court Intervenes in First Amendment Dispute
The Creston Community School District's plans to terminate high school English teacher Melisa Crook have been halted by a federal court order. U.S. District Judge Rebecca Goodgame Ebinger granted a temporary restraining order against the district, preventing it from proceeding with a scheduled employment hearing or taking any other adverse action against Crook based on her social media activity.
The judge's decision found that Crook's case has a strong likelihood of success. In her ruling, Judge Ebinger noted that the teacher was exercising her constitutional rights when she made the comment.
"The court finds the enforcement of First Amendment rights outweighs any potential employment harm to defendants," Judge Ebinger stated in the ruling. "Further, the public has a compelling interest in protection of First Amendment and other constitutional rights."
While the order protects Crook's employment for now, the judge denied her request to be removed from administrative leave. This means she will not return to her classroom as the legal proceedings continue. A hearing on a preliminary injunction is scheduled for October 31, 2025.
A Matter of Public Concern
In her decision, Judge Ebinger emphasized that Crook's comments were made as a private citizen. "Crook posted her Facebook comments on her personal time, at home, from her personal Facebook account," the ruling observed. "She did not purport to speak as an employee of the Creston Community School District." The court concluded that discussing the death of a public figure constitutes speech on a matter of public concern, which is afforded significant First Amendment protection.
The Comment and the Consequences
The dispute began on September 10, 2025, when Crook commented on a family member's Facebook post about the shooting death of conservative activist Charlie Kirk. She wrote: "He is a terrible human being … terrible. I do not wish death on anyone, but him not being here is a blessing."
The post quickly drew attention. According to court filings, the district received a significant public response. Superintendent Deron Stender reported that the district fielded more than 111 emails and 140 telephone calls, with most demanding Crook's termination or requesting that their children be removed from her classes.
Crook, who has taught in the district since 2022, issued apologies the following day. She clarified her intent on Facebook, stating, "I do NOT condone violence or the killing of people you disagree with politically or otherwise. That was never my intent … I take responsibility for the poor wording of my post."
Despite her apologies, Stender formally recommended the termination of her teaching contract on September 25. Crook then requested a hearing before the school board, which was scheduled for October 21 before the court's intervention.
Lawsuit Alleges Political Double Standard
A central claim in Crook's lawsuit is that she is being unfairly targeted for her political speech while district leaders have engaged in their own partisan commentary online. The lawsuit includes a 43-page exhibit of social media posts allegedly made by Superintendent Stender and School Board President Don Gee.
Social Media Posts in Question
The lawsuit presents evidence of numerous political posts attributed to district leaders, including:
- Content supporting Donald Trump and Republican Senator Joni Ernst.
- Posts condemning the "liberal media" and referring to supporters of President Biden as "snowflakes."
- Comments allegedly agreeing with a statement from Florida Governor Ron DeSantis about drivers having the right to hit protestors with their cars if they feel threatened.
- A post from Board President Gee allegedly referring to "bull— left-wing judges."
Crook's legal team argues that these posts demonstrate a pattern of political expression by district leadership, suggesting that her own off-duty comment is being treated differently. The lawsuit alleges that her First Amendment rights were violated through retaliatory action by the district.
The school district had argued against the restraining order, claiming it would improperly extend the employment of a "potentially incompetent employee." However, Judge Ebinger rejected this argument, prioritizing the protection of constitutional rights over the district's employment concerns.
Crook is seeking both actual and punitive damages for the alleged violation of her rights. The upcoming court hearing will determine whether the temporary block on her termination will be extended through a preliminary injunction while the case proceeds.