USD art professor Michael Hook is taking the Board of Regents to court. Hook makes the politically radical but judicially unsurprising claim that the Regents can’t fire him for speaking with insufficient reverence for hate-spreading brownshirt bully Charlie Kirk. And watch out: litigating in federal court for Hook is Rapid City Lawyer Jim Leach, who is really good at beating South Dakota’s right-wing bullies on the First Amendment:
The lawsuit says Hook’s social media posts are protected political speech under the U.S. Constitution and do not impact his professional role at the university.
“The debate about Mr. Kirk’s beliefs is for the marketplace of ideas,” the lawsuit says. “The First Amendment guarantees the marketplace stays open. The government may not punish people for their ideas.”
The Board of Regents filed an intent to fire Hook after the post circulated online. Spokeswoman Shuree Mortenson said the organization doesn’t comment on pending litigation.
The University of South Dakota notified Hook about his imminent termination on Sept. 12, based on the system’s termination policy regarding “neglect of duty, misconduct, incompetence, abuse of power or other actions that manifest an unfitness to discharge the trust reposed in public university faculty members or to perform assigned duties” [Makenzie Huber, “SD University Professor Files Lawsuit Opposing Termination for Social Media Post About Charlie Kirk,” South Dakota Searchlight, 2025.09.23].
Federal Judge Karen Schreier is moving fast: she’ll hear the motion for a temporary restraining order against the Regents this afternoon at 2 p.m. in Sioux Falls.
Note: I have done paying work for Jim Leach related to this lawsuit. That pay has no bearing on my love of the First Amendment, my recognition of Charlie Kirk’s loathsomeness, or my publication of this blog post.