A federal judge on Friday dismissed a Texas Tech law school graduate’s claim that the university violated her speech rights when it sanctioned her for allegedly making celebratory comments after conservative activist Charlie Kirk's September 2025 killing.
But Judge Brantley Starr in Dallas allowed plaintiff Ellen Fisher’s racial discrimination claim to move forward, finding she alleged sufficient facts to show that she was treated less favorably by university officials than non-Black students who also allegedly commented on Kirk’s killing.
In her complaint, Fisher denied celebrating Kirk’s death, as at least one witness testified she did, and said her law school discussions about Kirk were protected speech under the U.S. Constitution's First Amendment.
The university said in court papers that Fisher’s reprimand was the result of multiple investigations and a hearing that found she violated the school’s honor code by “loudly and disruptively” celebrating Kirk’s murder. The university said Fisher does not have a free speech case.
Starr on Friday ruled that Texas Tech officials, as employees of a state entity, are immune from her free speech claims, reiterating his May decision denying Fisher’s bid for a temporary restraining order and preliminary injunction.
Even if the university were not immune, Starr ruled, “Fisher cannot show that the alleged constitutional violation was clearly established."
Kirk, co-founder of conservative student group Turning Point USA, was shot and killed during a debate at Utah Valley University.
In a separate case, a former law professor at the University of Arkansas at Little Rock sued the university in May claiming that she was illegally fired due to external political pressure over comments she made on her personal Facebook page about Kirk's killing. That case is pending.
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