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Hook v. Rave, President of the South Dakota Board of Regents, et al.

September 2025
University of South Dakota (Public college or university)
Vermillion, SD

Identity of Speakers

  • Phillip Michael Hook
    Faculty/Staff
    Other

    Tenured art professor at the University of South Dakota,

Additional Information

  • Incident Nature:
    Lawsuit
    Social media
    Other
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Faculty sanctioned
    Litigation
    Title IX or other federal statute
  • Incident Status:
    In litigation Federal District Court
  • Was Speech Code incident

Summary

Phillip Michael Hook, a tenured art professor at the University of South Dakota, filed a lawsuit after the university placed him on administrative leave and sought to terminate his contract, alleging that his First Amendment rights had been violated. A federal court issued a temporary restraining order preventing the university from firing him pending a hearing scheduled for October 8, 2025. The court noted that Hook’s comments occurred off campus and outside work hours, which are protected under the First Amendment, and found that he had a fair chance of prevailing in the lawsuit.

The controversy began on September 10, 2025, when Hook posted on Facebook calling conservative commentator Charlie Kirk, who had been fatally shot that day, a “hate spreading Nazi.” Hook deleted the post within hours and issued an apology. South Dakota Speaker of the House Jon Hansen and Governor Larry Rhoden publicly condemned Hook’s statement, and Rhoden supported the university’s intent to terminate him. Dean Bruce Kelley sent Hook a letter citing violations of Board of Regents policies and notifying him of the university’s intent to fire him.

Hook filed the lawsuit to challenge the university’s actions. The temporary restraining order required the university to reinstate him until the hearing, allowing him to continue teaching. The court highlighted that off campus speech, even if controversial, is protected under the First Amendment.