An Oskaloosa art teacher who was fired over a social media post about the assassination of conservative activist and Turning Point USA founder Charlie Kirk is now accusing the school district of violating his free speech rights.
Matthew Kargol posted on his personal Facebook account “1 Nazi down,” in response to Kirk’s death. The Oskaloosa school board ended Kargol’s teaching contract at a special meeting Wednesday night.
According to a federal lawsuit filed Thursday, Kargol grew up in Oskaloosa, graduated from Oskaloosa High School and started teaching art there in 2012.
Kargol’s attorney claims the school board’s decision to fire him violates the First Amendment. The suit points out the post was not made during work hours and did not mention the school district.
“It did not threaten any person, did not incite imminent unlawful action, and was not directed at any member of the school community,” the lawsuit states. “Mr. Kargol’s post was a blunt personal reaction to a high-profile political event: speech on a matter of public concern at the very core of the First Amendment’s protections.”
The Oskaloosa school district said Friday it is aware of the lawsuit but did not comment on Kargol's claims regarding free speech.
"This matter was handled in accordance with applicable federal and state law and Board policy," the district said in a statement. "Our focus remains on creating safe, healthy, and kind schools that engage all students to embrace the power of learning."
Oskaloosa Superintendent Mike Fisher has previously said the post was disruptive and harmful to the district.
“I'm all about free speech, and I think that is really proven in case law and different things, but I think it's also shown in much of the case law that when you have substantial material disruptions, that becomes a concern,” Fisher said following the Oskaloosa school board meeting Wednesday.
Fisher has also said the district received more than 1,000 emails, phone calls and other messages from people upset about the post. Many Iowa Republican lawmakers have condemned social media posts that appear to praise Kirk’s death.
Kargol’s suit argues that he was fired for politically motivated reasons.
“The Defendants acted not because Mr. Kargol’s post disrupted the learning environment, but because they disapproved of his protected speech.”
Multiple other Iowa school districts, including Des Moines, Creston and Charles City, are weighing how to respond to posts and comments made by staff members praising Kirk's death. Iowa House Speaker Pat Grassley has indicated the House Government Oversight Committee will act to address districts that do not take what he termed "appropriate action."
Following pressure from Republican lawmakers, the Iowa Board of Regents is also directing the state's three public universities to investigate social media posts made about Kirk's death and to put employees on administrative leave while they're under investigation.
