MARTIN COUNTY, Fla. — A judge recommended that a Martin County teacher who was suspended over social media comments about Charlie Kirk should have his suspension rescinded, and receive back pay.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.
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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.
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.
Region Martin County
Martin County teacher faces hearing over Charlie Kirk comments
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.
The school board still has the final say on whether Theobald gets his job back.
The Martin County School District sent WPTV this statement on the recommendation:
The Martin County School District is in receipt of the Florida Division of Administrative Hearings judge's recommendation, and it will be formally reviewed and considered by the School Board at a meeting that has yet to be determined.
Theobald sent WPTV this statement on the judge's recommendation:
I’m thrilled that an independent third party agreed with what I, my union and my fellow educators have said all along, which is that my comments made in a private setting had no impact on student learning and that the board lacked just cause in their pursuit of my termination.
This wasn’t just a fight to save a career or for free speech. This was about standing up for what you believe in and making sure that what happened to me doesn’t happen to any other teacher in this district or any other district in the state.
The Martin County Education Association has been successful in their support for educators even when that support is contrary to the interests of the Martin County School Board, and it’s pretty clear to me that the persecution I faced was a direct attempt to silence the voice of our teachers. By targeting and trying to remove the leader of a powerful union, perhaps the Martin County School Board thought they could dismantle our union. That couldn’t be further from the truth. MCEA is a union made up of educators for educators, who continue to show up and use their voice to advocate for their rights, as evidenced by MCEA’s victory over the Freedom Foundation in a recertification election and in my victory in this hearing.
My story is a testament to the fact that unions matter. Teachers deserve to have a voice in the workplace, and our students benefit from that because better working conditions for teachers means better learning conditions for our students. I am so grateful that my union has had my back throughout this entire ordeal, and it is an honor to share this win with my union brothers and sisters.
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