MUNCIE, IN — A former Ball State University administrator who was fired over a Facebook post about conservative activist Charlie Kirk will receive $225,000 under a legal settlement announced Tuesday, according to the ACLU of Indiana.
The settlement resolves a First Amendment lawsuit filed on behalf of Suzanne Swierc, the university’s former director of health promotion and advocacy, against Ball State University President Geoffrey Mearns. The ACLU said the agreement was fully executed late last week.
The ACLU argued Swierc was unlawfully terminated in September 2025 for protected speech made as a private citizen on a matter of public concern.
“As a public university, Ball State cannot fire an employee for protected speech made as a private citizen on a matter of public concern,” the ACLU of Indiana said in a statement Tuesday. The organization added that the agreement allows Ball State employees to serve as references for Swierc and requires supervisors, if asked, to acknowledge her positive contributions to the university.
Stevie Pactor, a senior staff attorney with the ACLU of Indiana, said Swierc’s firing violated constitutional protections.
“Suzanne was speaking as a private citizen on a matter of public concern when Ball State fired her over a private social media post,” Pactor said. “The First Amendment does not allow government institutions to retaliate in those circumstances, and this settlement reflects that.”
Swierc’s termination stemmed from a Facebook post about Kirk in which she wrote, in part, “If you think Charlie Kirk was a wonderful person, we can’t be friends.” She described his death as “a tragedy” for his family, while calling it “a reflection of the violence, fear, and hatred he sowed.”
According to the lawsuit, Swierc’s Facebook account was set to private. The complaint alleges someone took a screenshot of the post, highlighted portions of it and paired it with her Ball State staff directory profile. The image was later submitted to Indiana Attorney General Todd Rokita’s “Eyes on Education” portal and shared on Rokita’s Facebook page.
Ball State confirmed Swierc’s firing on Sept. 17, 2025. A university spokesperson cited the federal ruling Hedgepeth v. Britton, which allows schools to discipline employees when speech disrupts operations or undermines trust.
In a statement issued at the time, Ball State said Swierc’s post was “inconsistent with the distinctive nature and trust” of her leadership role and caused significant disruption on campus.
The ACLU said Mearns informed Swierc of her immediate termination during a meeting days after the post circulated publicly. According to the organization, Swierc was not permitted to have an attorney present, and a termination letter signed by Mearns stated the Facebook post was the sole reason for her dismissal.
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