SPLC and GAE sue Oglethorpe County School System over teacher’s alleged free speech violation

Lisa Morgan, GAE President at Georgia Association of Educators
Lisa Morgan, GAE President at Georgia Association of Educators
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The Southern Poverty Law Center (SPLC) and the Georgia Association of Educators (GAE) have filed a federal lawsuit on behalf of Michelle Mickens, a high school teacher in Georgia, against the Oglethorpe County School System. The lawsuit claims that Mickens was punished for exercising her First Amendment rights after she posted about political commentator Charlie Kirk on her personal Facebook page.

According to the SPLC, Mickens shared a direct quote from Kirk following his assassination and engaged in an online discussion with friends who commented on her post. During this exchange, she criticized Kirk’s opposition to gun control but also condemned political violence and expressed hope for a safer world.

Michael Tafelski, interim deputy legal director at SPLC, stated: “This case is about resisting the growing attempts to exert ideological control over public education. Ms. Mickens is being targeted not because she violated any policy or harmed students, but because her personal views — expressed outside of the classroom — don’t align with those in power. This unconstitutional censorship of protected speech endangers a healthy democracy. We look forward to defending Ms. Mickens to ensure she can continue serving her students, as she has for decades, without fear of politically motivated retaliation.”

Mickens has worked as an educator in Georgia for 24 years and was a finalist for the 2022 Georgia Teacher of the Year award. After online groups circulated her post among communities seeking to retaliate against teachers critical of Kirk, Mickens was placed on leave by her school district. The district now plans to terminate her employment based solely on speech that took place outside work hours and did not disrupt school operations.

Mike McGonigle, General Counsel/Legal Services Director at GAE, said: “We know that the attacks on public education are unrelenting, and we must stand together to speak for our students, colleagues and our profession. GAE supports and defends educators’ right to off-duty expressive activity without fear of retaliation. GAE is the only organization that continues to stand up and speak for students, educators, and public education.”

The lawsuit seeks reinstatement for Mickens and aims to protect educators’ rights against censorship or intimidation.



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