ATLANTA — The Southern Poverty Law Center (SPLC) and the Georgia Association of Educators (GAE) filed a federal lawsuit on behalf of Georgia educator and GAE member, Michelle Mickens against her employer, the Oglethorpe County School System, which unconstitutionally punished her for exercising her First Amendment rights by posting about political commentator Charlie Kirk on her personal Facebook page.
Following Kirk’s assassination, Mickens posted a verbatim quote from him on her personal Facebook page and participated in an online discussion with her Facebook friends who commented on the post. In this back-and-forth, she was critical of Kirk’s opposition to gun control, but she also condemned political violence and articulated her hope for a safer world.
“This case is about resisting the growing attempts to exert ideological control over public education,” said Michael Tafelski, interim deputy legal director, SPLC. “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 been a high school educator in Georgia for 24 years, even being a statewide finalist for the 2022 Georgia Teacher of the Year. Yet, after online agitators shared her post with groups aiming to retaliate against teachers critical of Kirk, her school placed her on leave. The district now intends to terminate her solely for engaging in constitutionally protected speech that caused no disruption to the school.
“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,” said Mike McGonigle, General Counsel/Legal Services Director, GAE.
The complaint seeks to have Ms. Mickens’ job restored and protect the rights of all educators against censorship and intimidation.
Click here to read the complaint
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GAE Network Attorneys Matt Billips and Gerry Weber are handling Ms. Mickens case.
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