MARTIN COUNTY, Fla. — A longtime Martin County teacher could be fired after calling conservative activist Charlie Kirk a “racist, misogynistic, fear-mongering neo-Nazi” on Facebook following Kirk’s assassination.
Superintendent Michael Maine has recommended the termination of Matthew Theobald, a 17-year educator at Spectrum Academy and president of the Martin County Education Association.
It marks the perhaps first permanent disciplinary action of its kind in Florida since state officials began targeting teachers over online comments about Kirk.
According to an investigation report obtained by WPTV, Theobald admitted writing the comments 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. He also said he was not celebrating violence.
Still, administrators concluded Theobald’s firing is warranted, citing “community concern,” loss of confidence in the profession and “the potential for students or families to feel unwelcome.”
National News
Social media posts on Charlie Kirk shooting cost jobs, business deals
Free speech advocates argue the decision crosses a constitutional line.
“My God, this is unconstitutional, as all get out,” said Lee Rowland, executive director of the National Coalition Against Censorship.
Rowland is pointing to a Supreme Court ruling in 1987 that protected a law enforcement officer who faced discipline over comments about the Reagan assassination attempt.
Supreme Court Justices then ruled her firing was a violation of her First Amendment Rights.
"Look, no matter how uncomfortable this makes you, it's protected speech under the First Amendment," said Rowland. "There are very narrow categories of words that the government has any power to censor or limit, and they usually have to reach the level of something like a threat, right, a direct threat of violence."
WATCH: Florida education commissioner issues warning to teachers over comments
Adam Goldstein, vice president of the Foundation for Individual Rights and Expression, said the district must prove Theobald’s words did more than upset the community.
“The real question is what evidence does the school have that what they said prevented them from functioning in their role, or prevented the school from functioning in its role,” Goldstein said.
Martin County is one of seven Florida districts WPTV has identified where teachers have been removed for comments about Kirk, following a directive from Florida's Education Commissioner Anastasios Kamoutsas.
In a memo to superintendents, Kamoutsas warned he would investigate “every educator” who engages in “vile, sanctionable behavior,” adding that First Amendment rights “do not extend without limit into their professional duties.”
WATCH BELOW: Florida fallout after Kirk assassination raises First Amendment concerns
"We do not want to give government the power to pick and choose, you know, the right ideas to express," said Rowland, criticizing that directive.
"This isn't how public employment is supposed to work," added Goldstein.
The Martin County School District declined to answer questions on camera, but spokesperson Derek Lowe previously told WPTV's Joel Lopez, “I would say to leave their comments and thoughts off social media.”
Lopez pressed back, asking the district about a Facebook post it made in tribute to Charlie Kirk and his family the day of his assassination.
"Do you think that was appropriate considering the conversation that we’re having now?" Lopez asked.
"I think so, you know, we had two tragedies in addition to what happened to Charlie Kirk, there was also a shooting in Colorado that day," replied Lowe. "We’re aware and mindful of the sentiment and, of course, feeling for people’s frustrations and
disappointments."
WATCH BELOW: 'I still believe in free speech but not hate speech,' Don Taddoni tells WPTV
"It's obviously a decisive topic whether you supported him or not, so should the conversation be why are we not taking a more neutral stance?" Lopez pressed.
"I think it has to do more with the way people say things, the word choice that they are using," another district employee responded.
Yet, Goldstein and Rowland still feel it crosses a legal line.
"It's unconstitutional. It's toxic for our democracy, and it's deeply unfair," said Rowland, "for particularly public service servants, who are generally underpaid, to worry any neighbor, anyone who might have seen their Facebook page is going to call the principal."
Theobald’s termination is not final. A pre-determination meeting will give him a final opportunity to present evidence, before the superintendent makes a decision.
Theobald did not respond to WPTV’s requests for comment.
Read more of WPTV's related coverage below:
Region Martin County
Teacher removed, investigated over negative Charlie Kirk posts online
State
Florida fallout after Kirk assassination raises First Amendment concerns
State
