Hale v. Stewart, et al. (Auburn University)

Summary

Former Auburn University lecturer Candice Hale, who taught courses in Gender and Race Studies and oversaw online instruction for undergraduate students in the College of Liberal Arts, filed a federal lawsuit claiming she was terminated for social media posts expressing her political views, alleging violations of the First Amendment and the Alabama Constitution.

On September 11, 2025, following the death of political figure Charlie Kirk, Hale posted on Facebook: “I do not mourn oppressors. I do not show them empathy. I don’t give a damn about evil racist, fascist, misogynistic, homophobic, transphobic, xenophobic, mediocre, white men who claim to be christian and then do everything Christ would not do on Earth.” On September 17, Auburn University President Christopher Roberts announced that multiple employees were being investigated and disciplined for social media posts related to the assassination, emphasizing the need to maintain a safe and respectful campus environment. Hale alleged that university officials, including the provost and compliance officers, questioned her about the content of her post, whether she posed a threat to students, and specifically about interactions with students in Auburn’s Turning Point USA chapter. She was placed on administrative leave on September 19, told on September 23 that the university wanted to end her employment, and received a campus ban the same day. Hale sought reinstatement, damages for lost income and reputational harm, punitive damages, and a permanent injunction against retaliation.

Hale’s lawsuit followed a broader wave of scrutiny at Auburn after multiple employees faced discipline or termination over social media posts about Kirk’s death. University officials reportedly disciplined or placed on leave several employees, citing concern over potential disruption and threats to campus safety. University communications noted that some employees were placed on leave while investigations were conducted and stated that the institution was reviewing social media conduct in the context of employee responsibilities and campus safety. The lawsuit emphasized that Hale had no prior disciplinary issues and that her performance had been satisfactory. The complaint cited Auburn’s Academic Freedom policy, which guarantees faculty and students the right to express ideas in writing, in the classroom, on campus, and beyond without fear of censorship or retaliation. Hale alleged that she was treated differently than other employees and that the university acted in retaliation for the content of her post.