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BumRushDaShow

(160,763 posts)
Thu Sep 25, 2025, 06:18 AM Thursday

College Professor Who Called Charlie Kirk a 'Nazi' Handed Legal Win

Source: Newsweek

Sep 24, 2025 at 10:24 PM EDT


A tenured college professor at the University of South Dakota was handed a temporary legal win on Wednesday after a judge halted his impending firing for remarks made immediately after the death of conservative activist Charlie Kirk. Newsweek reached out to the school via email for comment.

Why It Matters

The case involving the professor who called Kirk a "hate spreading Nazi" online, according to a court document, is at the center of a larger national debate over the limits of free speech for educators, public employment and political discourse. The recent federal court ruling that the university cannot terminate the professor for his social media post exemplifies the ongoing tension between academic freedom and public accountability, with broad implications for First Amendment rights in educational settings.

Kirk, 31, was a staunch supporter of President Donald Trump and a face of the MAGA movement for younger generations. He utilized social media platforms to engage with younger people about culture war topics, foreign policy, religion and other notable conservative values.

What To Know

Professor Phillip Michael Hook's win follows his lawsuit against the university for "unconstitutional retaliation in violation of the First Amendment," the court document says. U.S. District Judge Karen Schreier, nominee of former President Bill Clinton, noted in her ruling in part: "The public has a compelling interest in protecting its First Amendment rights."

Read more: https://www.newsweek.com/college-professor-who-called-charlie-kirk-a-nazi-handed-legal-win-10494271



Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.sdd.84442/gov.uscourts.sdd.84442.11.0.pdf

REFERENCE - https://www.democraticunderground.com/10143536343
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College Professor Who Called Charlie Kirk a 'Nazi' Handed Legal Win (Original Post) BumRushDaShow Thursday OP
Who's Charlie Kirk? Gimpyknee Thursday #1
This guy's protege wolfie001 Thursday #4
Good call... SickOfTheOnePct Thursday #2
This Professor's a hero in my book! wolfie001 Thursday #3
U.S. District Judge Karen Schreier.... druidity33 Thursday #5
The first of many, I hope. Queso Delicioso Thursday #6
Purpose of tenure is explicitly to allow free speech. Bernardo de La Paz Thursday #7
I think the "31" is referencing Kirk's age. The one suing (Phillip Michael Hook) BumRushDaShow Thursday #8
Oops, my misread! Thanks for catching that. Editing. . . . nt Bernardo de La Paz Thursday #9
I was curious myself BumRushDaShow Thursday #11
Which is why the right is so determined to destroy academia -- cf the Powell Memo, which all Dems need to read ... eppur_se_muova Thursday #16
Rec. progressoid Thursday #17
People should not have to be fighting NJCher Thursday #10
I thought Charlie Kirk would be proud to be called a Nazi mdbl Thursday #12
"notable conservative values" Martin Eden Thursday #13
Professor of Art suegeo Thursday #14
K&R ck4829 Thursday #15
Charlie Kirk was a Nazi JoseBalow Thursday #18

SickOfTheOnePct

(8,671 posts)
2. Good call...
Thu Sep 25, 2025, 07:14 AM
Thursday

...hope it stands up.

For me personally, there is a bright line between stating an opinion on a person (dead or alive) and celebrating violence. When it comes to teachers and/or professors, IMO, the former is fine, the latter is not.

wolfie001

(6,223 posts)
3. This Professor's a hero in my book!
Thu Sep 25, 2025, 07:23 AM
Thursday

Standing against christo-fascism is really what everyone needs to do.

druidity33

(6,830 posts)
5. U.S. District Judge Karen Schreier....
Thu Sep 25, 2025, 07:51 AM
Thursday

re-assigned, fired or retired in 3.....2.....1.......................

Bernardo de La Paz

(58,848 posts)
7. Purpose of tenure is explicitly to allow free speech.
Thu Sep 25, 2025, 08:03 AM
Thursday

Last edited Thu Sep 25, 2025, 08:39 AM - Edit history (1)

Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause, or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in the United States in the early 20th century, and several other countries have since adopted it. Tenure is a means of defending the principle of academic freedom, which holds that it benefits society in the long run if academics are free to hold and espouse a variety of views, even if the views are unpopular or controversial. Wikipedia

BumRushDaShow

(160,763 posts)
11. I was curious myself
Thu Sep 25, 2025, 09:00 AM
Thursday

Tenure is something that anyone teaching in the post-secondary world, literally makes them almost immune from removal (save something really egregious). It is definitely coveted by those who want to make it a career.

The magnitude of knee-jerk capitulation going on in all of our institutions, is a huge concern.

eppur_se_muova

(40,117 posts)
16. Which is why the right is so determined to destroy academia -- cf the Powell Memo, which all Dems need to read ...
Thu Sep 25, 2025, 01:17 PM
Thursday

***
To explain my perspective here, I need to go back in time. Let’s go back to post-World War II, 1950s when the GI bill, and the affordability – and sometimes free access – to universities created an upsurge of college students across the country. This surge continued through the ’60s, when universities were the very heart of intense public discourse, passionate learning, and vocal citizen involvement in the issues of the times. It was during this time, too, when colleges had a thriving professoriate, and when students were given access to a variety of subject areas, and the possibility of broad learning. The liberal arts stood at the center of a college education, and students were exposed to philosophy, anthropology, literature, history, sociology, world religions, foreign languages and cultures. Of course, something else happened, beginning in the late '50s into the '60s — the uprisings and growing numbers of citizens taking part in popular dissent — against the Vietnam War, against racism, against destruction of the environment in a growing corporatized culture, against misogyny, against homophobia. Where did much of that revolt incubate? Where did large numbers of well-educated, intellectual, and vocal people congregate? On college campuses. Who didn’t like the outcome of the '60s? The corporations, the war-mongers, those in our society who would keep us divided based on our race, our gender, our sexual orientation.

I suspect that, given the opportunity, those groups would have liked nothing more than to shut down the universities. Destroy them outright. But a country claiming to have democratic values can’t just shut down its universities. That would reveal something about that country which would not support the image they are determined to portray – that of a country of freedom, justice, opportunity for all. So, how do you kill the universities of the country without showing your hand? As a child growing up during the Cold War, I was taught that the communist countries in the first half of the 20th century put their scholars, intellectuals and artists into prison camps, called “re-education camps.” What I’ve come to realize as an adult is that American corporatism despises those same individuals as much as we were told communism did. But instead of doing anything so obvious as throwing them into prison, here those same people are thrown into dire poverty. The outcome is the same. Desperate poverty controls and ultimately breaks people as effectively as prison…..and some research says that it works even more powerfully.

So: here is the recipe for killing universities, and you tell me if what I’m describing isn’t exactly what is at the root of all the problems of our country’s system of higher education. (Because what I’m saying has more recently been applied to K-12 public education as well.)

Step I: Defund public higher education.

Anna Victoria, writing in Pluck Magazine, discusses this issue in a review of Christopher Newfield’s book, Unmaking the Public University: “In 1971, Lewis Powell (before assuming his post as a Supreme Court Justice) authored a memo, now known as the Powell Memorandum, and sent it to the U.S. Chamber of Commerce. The title of the memo was “Attack on the American Free Enterprise System,” and in it he called on corporate America to take an increased role in shaping politics, law, and education in the United States.” How would they do that? One, by increased lobbying and pressure on legislators to change their priorities. “Funding for public universities comes from, as the term suggests, the state and federal government. Yet starting in the early 1980s, shifting state priorities forced public universities to increasingly rely on other sources of revenue. For example, in the University of Washington school system, state funding for schools decreased as a percentage of total public education budgets from 82% in 1989 to 51% in 2011.” That’s a loss of more than a third of its public funding. But why this shift in priorities? U.C. Santa Barbara English professor Christopher Newfield, in his new book Unmaking the Public University posits that conservative elites have worked to defund higher education explicitly because of its function in creating a more empowered, democratic, and multiracial middle class. His theory is one that blames explicit cultural concern, not financial woes, for the current decreases in funding. He cites the fact that California public universities were forced to reject 300,000 applicants because of lack of funding. Newfield explains that much of the motive behind conservative advocacy for defunding of public education is racial, pro-corporate and anti-protest in nature.

Again, from Anna Victoria:

“(The) ultimate objective, as outlined in the (Lewis Powell) memo, was to purge respectable institutions such as the media, arts, sciences, as well as college campus themselves of left-wing thoughts. At the time, college campuses were seen as 'springboards for dissent,' as Newfield terms it, and were therefore viewed as publicly funded sources of opposition to the interests of the establishment. While it is impossible to know the extent to which this memo influenced the conservative political strategy over the coming decades, it is extraordinary to see how far the principles outlined in his memo have been adopted.”

***
more: https://www.alternet.org/2012/10/how-higher-education-us-was-destroyed-5-basic-steps

The memo itself: https://reclaimdemocracy.org/?s=powell+memo

NJCher

(41,541 posts)
10. People should not have to be fighting
Thu Sep 25, 2025, 08:58 AM
Thursday

Their government for their Constitutional rights every step of the way.

Of course I am happy to see this from the court, but coming from academia, I knew it was likely.

Trump is an ignorant lout who is casting fear on freedom of expression.

Martin Eden

(14,892 posts)
13. "notable conservative values"
Thu Sep 25, 2025, 10:16 AM
Thursday

These days -- yeah, pretty much the Nazi hate speech Kirk was spewing.

suegeo

(3,059 posts)
14. Professor of Art
Thu Sep 25, 2025, 11:07 AM
Thursday

FFS freedom of expression is what artists do. Insert endless screaming portrait here.

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