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

Summary

Phillip Michael Hook, a tenured art professor at the University of South Dakota, posted on his private Facebook account on September 10, 2025, shortly after conservative commentator Charlie Kirk was fatally shot. In the post, Hook wrote that he did not give a “flying f—” about Kirk and described him as a “hate-spreading Nazi.” He deleted the post within hours and issued an apology to those who were offended. The post drew public condemnation from South Dakota Speaker of the House Jon Hansen and Governor Larry Rhoden, and screenshots of the post circulated widely.

On September 12, 2025, the University of South Dakota notified Hook that he had been placed on administrative leave and that the university intended to terminate his employment, citing alleged violations of regental policies concerning faculty conduct. Hook filed a federal lawsuit on September 23, 2025, naming the Board of Regents President, the University President, and the dean of the College of Fine Arts as defendants. He argued that the disciplinary actions violated his First Amendment rights because his comments were made off campus as a private citizen on a matter of public concern. Hook also challenged the university policies as vague and overbroad.

Hook sought a temporary restraining order and preliminary injunction to prevent his removal. On October 8, 2025, a federal court issued a temporary restraining order requiring the university to reinstate him and set aside the planned termination at least until a scheduled hearing. The court concluded that Hook’s speech was likely protected under the First Amendment, noting that it occurred off campus and had not disrupted university operations, and that he had a fair chance of prevailing in his lawsuit.

In the days that followed, student petitions circulated in support of Hook, and the case drew national attention as part of broader discussions on academic freedom and free speech. On October 3, 2025, the University of South Dakota and the Board of Regents withdrew their intent to terminate Hook. Following the university’s decision, Hook’s attorney filed to dismiss the lawsuit. In a statement sent by his attorney, Jim Leach, Hook said he was thrilled to continue teaching his students at the University of South Dakota, where he had taught for nearly two decades, and added, “I hope the State now understands that the First Amendment prohibits it from punishing anyone for speech about public issues – no matter how much State or national leaders or others disagree with it.”