Fisher v. Campbell (Texas Tech University)

Summary

In April 2026, Ellen “Ellie” Mae Fisher, a law student at Texas Tech University School of Law, filed a federal lawsuit in the U.S. District Court for the Northern District of Texas against Texas Tech officials alleging that the university violated her First Amendment rights by disciplining her for comments she made on September 10, 2025, the day conservative activist Charlie Kirk was killed. Fisher alleged that the university violated her constitutional rights by punishing protected political expression and sought to prevent the university from enforcing disciplinary consequences, maintaining the discipline in her academic record, or reporting the matter to state bar authorities.

The dispute arose after Fisher allegedly made comments on September 10, 2025, while discussing Kirk’s killing in the law school’s clinical program offices and other law school spaces. Texas Tech characterized the comments as celebrating Kirk’s death and as violating the law school’s Honor Code. According to Texas Tech’s investigation, witnesses described Fisher’s comments and demeanor as “loud, happy and celebratory,” including statements that she was “in the best mood ever” and that she reacted positively to news of Kirk’s death. Fisher disputed that characterization, arguing that she did not celebrate Kirk’s killing and that her comments reflected disagreement with Kirk’s political views rather than approval of his death. Fisher maintained that her statements were protected political expression and pointed to other witness accounts describing her remarks as discussion of a major public event rather than celebration.

Texas Tech referred the matter to the law school’s Honor Council, which concluded that Fisher violated the Honor Code and recommended a written reprimand. The university maintained that the discipline was not based on Fisher’s political viewpoint, but on the manner and context of her comments and the school’s responsibility to enforce professional standards expected of law students, particularly students participating in the legal clinic. Fisher alleged that the university selectively targeted her because of the viewpoint of her speech and treated her differently from other students who made controversial comments about Kirk’s death. She also alleged that the university failed to respond appropriately to other incidents affecting her, including a racial slur written on her vehicle, while pursuing discipline against her speech.

Fisher sought emergency relief from the federal court while her First Amendment claims proceeded. Specifically, she requested a temporary restraining order and preliminary injunction requiring Texas Tech to annul and retract the disciplinary action, expunge the reprimand from her record, and prevent or undo reporting of the discipline to the Texas Board of Law Examiners, which could affect her future bar admission process. Before the court ruled on her request, Texas Tech completed the disciplinary process, issued the written reprimand, reported the matter to the Board of Law Examiners, and recommended against her admission to the State Bar of Texas.

On May 12, 2026, the court denied Fisher’s request for a temporary restraining order and preliminary injunction. The court held that the Eleventh Amendment, which generally limits when states and state entities may be sued for certain types of relief in federal court, barred the requested injunctive relief against Texas Tech, a state institution. The court did not resolve Fisher’s underlying First Amendment claims, including whether Texas Tech engaged in viewpoint discrimination or whether the university’s interest in enforcing professional standards justified the discipline. The decision allowed the reprimand and related reporting to remain in place while Fisher’s remaining claims continued.