Kansas education employee sues state over firing for Charlie Kirk comment
TOPEKA, Kan. (AP) — A former Kansas Department of Education employee has filed a federal lawsuit claiming she was wrongfully terminated for a social media comment about conservative activist Charlie Kirk's death.
Katie Allen, a research analyst, filed the suit Wednesday in U.S. District Court in Kansas. She alleges the department and Education Commissioner Randy Watson violated her First Amendment rights by forcing her resignation in mid-September.
Allen posted "well deserved" under a Facebook post about Kirk's killing during a Utah campus event on Sept. 10. She deleted the comment within five to 10 minutes but not before it was screenshot and shared widely online.
The lawsuit says Allen received threatening phone calls and emails, including one titled "resign or die." Republican officials, including former gubernatorial candidate Jeff Colyer, called for her firing.
Watson terminated Allen "by demanding her resignation and refusing to consider any alternative," according to the 12-page complaint.
Allen also serves on the Manhattan-Ogden school board, where she stepped down as vice president but retained her board seat despite calls to resign completely.
The lawsuit cites a 1987 Supreme Court case, Rankin v. McPherson, which protected a public employee who commented about President Ronald Reagan's assassination attempt, saying "if they go for him again, I hope they get him."
"The United States Supreme Court established that the private speech of an employee of a public agency, regarding a matter of public concern, was protected by the First Amendment," the lawsuit states.
Allen argues her speech was made as a private citizen and was protected by the Constitution. She did not work in a classroom or have direct contact with students, according to the suit.
The Facebook post Allen commented on included a quote attributed to Kirk stating that some gun deaths were "worth it" to preserve Second Amendment rights.
Allen issued a public apology after the controversy erupted, saying her words "hurt a lot of people" and expressing regret during a school board meeting.
The lawsuit names Watson in both his official and individual capacities. Allen seeks reinstatement or monetary damages, back pay, punitive damages and legal costs. She has requested a jury trial.
Kirk, founder and president of Turning Point USA, was shot and killed Sept. 10 while speaking at Utah Valley University. The 31-year-old was a close ally of President Donald Trump.
Allen's case is among several filed by educators nationwide who were fired or disciplined for social media posts about Kirk's death. The lawsuits will test whether public employees can be terminated for controversial speech made as private citizens.
The Kansas Department of Education and Watson have not yet responded to the lawsuit.