Texas Tech student sues to block punishment over Charlie Kirk comments

Texas Tech student sues to block punishment over Charlie Kirk comments (Getty Images)

A Texas Tech law student is suing the school in an attempt to prevent her from being punished for comments she made after Charlie Kirk's assassination

The student says the school's plans for discipline will damage her legal career if a judge allows it to proceed. 

Texas Tech student sues

The latest:

Ellie Fisher filed the lawsuit in federal court in Lubbock on Sunday, saying that the recommendation by the school's Honor Council that a written reprimand be placed in her permanent school record violates her constitutional rights. 

The third-year law student believes her comments on Sept. 10, the day the conservative commentator was fatally shot at a student event in Utah, should be protected by her right to free speech. While comments were reportedly made by students and staff throughout the day, the lawsuit says Fisher was the only student to be investigated and punished. 

Texas Tech student expelled after video showing Charlie Kirk rant on campus

An 18-year-old Texas Tech University student is no longer enrolled at the university after a video appearing to show her mocking the death of Charlie Kirk went viral.

The council's finding hinged on the conclusion that Fisher's comments on campus that day were "loud, happy and celebratory," and that some students, including one who reportedly asked to leave class early, were disturbed by them. The lawsuit says this is based on conflicting reports from students, some of which came from an investigation conducted by Tech professor William Keffer, which the document says misconstrued some of the statements delivered to Keffer.

Legal damages

In return for the alleged violation of her rights, Fisher is asking the court to grant the following damages in her case:

  • Declare that the school violated Fisher's First and Fourteenth Amendment rights.
  • Prohibit her rights from being violated further, block the discipline and prevent the incident from being reflected on her student record.
  • Monetary compensation.
  • Any other damages the court finds appropriate.
  • A jury trial on all eligible claims.

Texas teachers to be investigated for 'reprehensible' Charlie Kirk shooting reactions

The investigation comes in the midst of high-profile terminations for comments and online remarks made about the conservative political commentator's death, including one employee of a Texas school.

What's next:

The court has not released an opinion or taken action on Fisher's case at the time of publishing. 

Read the full document below:

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Charlie Kirk assassination fallout in Texas

The backstory:

After Kirk's death in September, students and teachers across the state were suddenly on the receiving end of legal inquiries into alleged inappropriate reactions to the incident. Kirk was not a Texas resident, and his death happened in Utah. 

Kirk was a divisive figure in politics, serving online as a conservative figurehead at the forefront of trending politics, and often debating and challenging college students about partisan topics. His death was met with dismay from Republicans, and some degree of amusement from Democrats who used Kirk's own words about gun violence against him posthumously. 

Student speech under scrutiny as Texas lawmakers hold first hearing after Charlie Kirk's death

Texas lawmakers are holding their initial hearing Thursday to review campus expression at public universities, an effort sparked by student reactions following the killing of conservative activist Charlie Kirk.

The Texas Education Agency launched investigations into numerous teachers and students across the state who were accused of celebrating a murder, resulting in several firings and expulsions. 

Turning Point USA, the conservative organization founded by Kirk and now helmed by his widow, Erika Kirk, is on a path toward an operational chapter in every Texas school. 

The Source: Information in this article comes from a publicly filed lawsuit and previous FOX Local coverage.

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