The University of South Dakota has dropped its bid to fire a professor over his social media post about the killing of Charlie Kirk, according to a letter released by the professor’s lawyer.
“We have taken into consideration your remorse for the post, your past record of service, and the university’s interest in efficient operations,” the university wrote to Phillip Michael Hook. “Based upon these factors, the university, in consultation with the Board of Regents, hereby withdraws its intent to terminate your contract.”
Newsweek has contacted USD and Hook for comment via email.
Why It Matters
Kirk, a conservative political activist and commentator, was fatally shot on September 10 in Utah. A wave of dismissals followed Kirk’s death as state agencies, universities and local school districts moved against employees over comments deemed offensive or inappropriate. In higher education alone, dozens of staff members were fired.
What To Know
Hook, a tenured art professor who has taught at USD for 19 years, came under fire after posting on his personal Facebook account on September 10 that he did not “give a flying f***” about Kirk and described him as a “hate spreading Nazi.”
“I’m sorry for his family that he was a hate spreading Nazi and got killed,” Hook wrote. “I have no thoughts or prayers for this hate spreading Nazi. A shrug, maybe.”
The post, which also questioned the legitimacy of Kirk supporters’ concerns about political violence, was deleted hours later. Hook posted an apology, but the original comments had already circulated widely online.
South Dakota political leaders, including Republican Governor Larry Rhoden and House Speaker Jon Hansen, condemned the remarks and called for Hook’s termination. Days later, the Board of Regents placed Hook on administrative leave, notified him of its intent to fire him and scheduled a conference to discuss his future at the university.
Hook responded with a lawsuit. On September 23, a federal judge issued a temporary restraining order halting the dismissal process. Judge Karen Schreier wrote that Hook had spoken “as a citizen on a matter of public concern,” which is constitutionally protected speech. She added that the state had failed to show how his remarks disrupted university operations.
The judge said Hook had a fair chance of proving the firing attempt was retaliation that could chill free expression. A hearing on his motion for a longer-lasting order had been set for later this month.
What People Are Saying
Phillip Michael Hook said in a statement published by his attorney Jim Leach: “I am thrilled that I can continue teaching my students at the University of South Dakota. I love this work and this university as much now as when I came here 19 years ago. I hope the state now understands that the First Amendment prohibits it from punishing anyone for speech about public issues—no matter how much state or national leaders or others disagree with it.”
The Foundation for Individual Rights and Expression wrote on X: “This is a massive win for faculty free speech and the First Amendment. Other schools should take note: public university faculty cannot be punished for their speech on social media about matters of public concern.”
What Happens Next
Hook remains employed as a tenured professor at the University of South Dakota, but his lawsuit against the state continues.