South Dakota Professor’s Reinstatement Ordered After Kirk Posts

A University of South Dakota professor who was put on administrative leave after posting critical remarks on Facebook about Charlie Kirk after his assassination must be reinstated, a federal judge ordered Wednesday.

Phillip Michael Hook, an art professor, is likely to succeed on his claim that the university’s intent to terminate him violates his First Amendment rights, Judge Karen E. Schreier of the US District Court for the District of South Dakota said, granting a temporary restraining order in Hook’s favor. South Dakota politicians, including Speaker of the House Jon Hansen (R) and Gov. Larry Rhoden (R), had called for Hook’s firing.

Hook’s lawsuit is among a wave of litigation from employees, including several educators, terminated after making negative comments about the Turning Point USA founder that some employers said amounted to condoning his death. Cases filed by public employees may test US Supreme Court precedent largely protecting their free speech rights.

Hook, who compared reactions to the murder of conservative activist Kirk with other public murders and shootings and wrote, “I have no thoughts or prayers for this hate spreading Nazi,” spoke as a citizen on a matter of public concern, said Schreier, a nominee of former President Bill Clinton (D).

The University of South Dakota hasn’t shown evidence Hook’s speech adversely impacted the University’s operations, the order said. He’s likely to win on his argument that the Facebook post was a substantial reason for the administration to put him on administrative leave and notify Hook of their intent to fire him, Schreier wrote.

The case is Hook v. Rave, D.S.D., No. 4:25-cv-04188, 9/24/25.