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Martin Co. School Board fights judge's recommendation to reinstate teacher after Charlie Kirk comments

Judge cited Florida Fifth District Court of Appeal ruling, saying removing Matt Theobald violated his First Amendment rights

WPTV

Matt Theobald

By: Scott Sutton

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MARTIN COUNTY, Fla. — The Martin County School Board is pushing back against a judge's recommendation to reinstate a teacher suspended last year following controversial social media comments about Charlie Kirk.

Matt Theobald, a social studies teacher at Spectrum Academy since 2009, sparked controversy with his comments, which labeled Kirk as racist, misogynistic and a neo-Nazi.

Martin Co. School Board fights judge's recommendation to reinstate teacher

In a Thursday court filing, the school board argued Administrative Law Judge Jodi-Ann Vanessa Livingstone erred in recommending Theobald get his job back, saying "numerous findings ... are not based upon competent substantial evidence."

The board's attorney claims Theobald's Facebook post about Kirk was a "serious offense" and removing him was appropriate.

In an order issued last month, Livingstone cited a recent Florida Fifth District Court of Appeal ruling that said 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 also recommended Theobald be awarded back pay and benefits.

Read the school board's full court filing, pushing back on judge's order:

According to an investigation report obtained by WPTV, Theobald admitted writing the comments about Kirk but said they were posted on his mother's private Facebook page "within a discussion among personal acquaintances" and were not intended for public view.

After the judge's recommendation, Theobald told WPTV the case raises a larger question about where the line is drawn for teachers speaking outside of school.

The school board still has the final say on whether Theobald gets his job back. It's unclear when a final decision will be made.

Read more coverage of this case: