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Judge orders Martin County teacher suspended over Charlie Kirk comments get job back

The judge said the Martin County School District School violated its own discipline policy in Theobald's case
Matthew Theobald
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MARTIN COUNTY, Fla. — A judge ruled that a Martin County teacher who was suspended over social media comments about Charlie Kirk should have his suspension rescinded, and receive back pay.

Matthew Theobald, a 17-year social studies teacher with the Martin County School District and president of the district's teacher's union, was removed from his position in September 2025, after posting comments about Kirk on his personal Facebook page.

Superintendent Michael Maine recommended his termination in October and suspended him without pay, and in April an administrative law judge evaluated whether he should be fired.

Matthew Theobald

Region Martin County

Martin County teacher faces hearing over Charlie Kirk comments

Cassandra Garcia

In the order, a Division of Administrative Hearings (DOAH) judge cites a recent Florida Fifth District Court of Appeal ruling, in which a court found that disciplining a teacher for personal Facebook posts made off school grounds, on personal equipment, with no student involvement, violated the teacher's First Amendment rights.

The judge noted the Theobald case involves "very similar circumstances."

The judge also found that the school board skipped every step of its progressive discipline policy — "including counseling, reprimand, and lesser forms of corrective action"—and instead went "directly to a five-day suspension without pay and termination."

The judge ruled Theobald should be reinstated to his job, and should receive back pay and benefits.

This case is part of a broader pattern of disciplinary actions taken against educators and public employees nationwide following comments about Charlie Kirk's death. Last month, a FWC biologist who was fired over a personal Kirk post was awarded a $485,000 settlement.

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