MUNCIE POST-DEMOCRAT - Ball State University is continuing its crackdown on constitutionally protected free speech, according to a recent lawsuit filed against Ball State President Geoffrey Mearns by the ACLU. Egged on by right-wing Attorney General Todd Rokita and dozens of hyper online, alt-right media influencers, including Elon Musk, Ball State recently terminated Suzanne Swierc, Director of Health Promotion and Advocacy, in a clear violation of her First Amendment right. In response to the termination, local advocacy group Muncie Resists issued a statement on September 19th:
“On Constitution Day, Ball State University chose to silence free expression by firing Suzanne Swierc, Director of Health Promotion and Advocacy, over a personal Facebook post about Charlie Kirk. […] By treating a private Facebook post as grounds for dismissal, Ball State sends the message that employees risk their livelihoods if their personal views draw political attention. That this decision was announced on Constitution Day, a day meant to celebrate free speech and the principles of democracy, only underscores the contradiction and the danger of this action.”
The Ball State University Chapter of the American Association of University Professors issued a statement the day after:
“Ball State University has a Freedom of Expression statement, which states that the ‘University guarantees all members of the University community–including students, faculty, staff, and visitors–the broadest possible latitude to speak, write, listen, challenge, and learn” […] We recognize that freedom of speech does not equal freedom from consequences. However, we believe that the decision by Ball State University leadership to terminate Suzanne Swierc was not in line with its own commitment to free expression.”
Multiple other community organizations, including the Post-Democrat, have planned a walkout protest in response to the firing at the Ball State University Peace Plaza on Wednesday at 3pm, demanding that Suzanne Swierc be reinstated.
Jaina Dodds, one of the student organizers of the walkout, was terminated from her position as a Resident Assistant earlier this year for participating in a peaceful protest against the Board of Trustees. Dodds told the Post-Democrat:
“This is a blatant attack on the First Amendment rights of all Americans who disagree with the current Trump regime. Ball State University is shamelessly and cowardly caving into the demands of the federal government & state legislature, against their own policies regarding free speech,” she said. “They are more interested in protecting their own money, their own jobs, rather than protecting the rights of those they serve.”
In a statement announcing the termination, Ball State cited recent case law, specifically Hedgepeth v. Briton, No. 24-1427 (7th Cir. 2025). This case upheld a termination against a social studies teacher, Jeanne Hedgepeth, who made multiple derogatory comments on Facebook after the death of George Floyd in 2020. She had been disciplined twice already for using profane language against students, who made up 80% of her friends on Facebook.
In a long Facebook tirade, Hedgepeth said, “I find the term ‘white privilege’ as racist as the ‘N’ word”, called for protesters to be hosed down with “septic tank trucks” and “pressure cannons.”, and claimed that if you believe America is racist “then you’ve been hoodwinked by the white liberal establishment and race baiters.” Ball State University’s comparison of the two cases is dishonest at best, given the vastly different circumstances and context of the statements. Nonetheless, the university proudly cited the case as justification for the unconstitutional termination, drawing spurious parallels between the two instances.
Ball State President Geoffrey Mearns personally handed down the unconstitutional termination of Swierc in a meeting on September 17th, where she was denied the ability to have an attorney present. President Mearns himself had a lengthy and decorated legal career prior to his position as president, serving as Assistant Attorney General in the Eastern District of New York. His legal expertise did not stop him from handing down the illegal termination at the behest of outside pressures.
Senior Staff Attorney for the ACLU, Stevie Pactor, announced on September 22nd the lawsuit against President Mearns. “People do not forfeit their First Amendment rights when they are hired by government institutions,” said Pactor. “Public employees are free to speak on matters of public concern, so long as they are speaking as private citizens. Swierc’s Facebook post clearly meets these criteria, and her termination was unconstitutional.”
Indiana University recently ranked as one of the worst in the nation for free speech, as student organizers and faculty are targeted frequently for their political views or participation in peaceful demonstrations. Whether or not Ball State University falls down that path is up to students and faculty, says Dodds. “If you’re a marginalized person or a friend of them, this regime is going to come for you regardless of whether or not you speak up,” Dodds said. “It’s time to get organized and challenge the political attacks being waged on our campuses.”
Joseph Souza wrote this op-ed.
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