IN teachers publicly shamed for social media posts on AG's "Eyes on Education" website in aftermath of Kirk killing

SOUTH BEND, Ind.-- Indiana's Attorney General, Todd Rokita, is using his new "Eyes on Education" website to publish comments or posts made by Hoosier teachers, seemingly justifying or celebrating the killing of Charlie Kirk, some of them from Michiana. This move, prompting some free speech concerns.

ABC57's Annie Kate asked how the school district is supposed to respond, and whether this is a violation of that teacher's free speech.

"Is the speech disruptive? Does it interfere with the efficient operations of, in this case, the school corporation?" said Pete Agostino, attorney-at-law.

Agostino is the attorney for the South Bend Community School Corporation (SBCSC). He said the administration is closely monitoring the situation.

"The first test is, is their speech protected? So, if it's on a matter of public concern, and they're not speaking in an official capacity but in a personal capacity, then their speech is protected," Agostino said.

AG Rokita unveiled his office's "Eyes on Education" transparency hub in February. However, as of Sept. 12, it is now taking submissions and publishing social media posts from Hooser educators that appear to justify or celebrate Kirk's killing.

The website lists the school district, superintendent contact information, when the next school board meeting is, and finally, the name of the teacher with a direct link to that teacher's social media comment.

The South Bend teacher, from Riley High School, posted in part quote, "I'm not saying it's right, but I'm saying it's only fitting."

Agostino couldn't share the status of the teacher's employment or their internal investigation.

"For the South Bend School Corporation, as a public employer, we have to follow the constitution, which means we have to follow the first amendment," he said.

Wednesday is Constitution Day, commemorating the day the Constitution was signed. Some students at Indiana University South Bend got involved.

"There's a lot of political discourse these days, I feel a lot of people aren't really informed about their rights or about what the constitution says in general," said IUSB Freshman Anh Tran.

Chancellor's Professor of Political Science, Elizabeth Bennion, led constitutional trivia, so ABC57's Annie Kate caught up with her to ask about this latest constitutional question.

"In the wake of this recent assassination, is really this argument that the government should do something to stop people from posting things that are negative or unflattering. And this, in fact, is the opposite of what the constitution tells us a government should be doing," Bennion said.

The first amendment, she explained, won't save us from losing our job over what we post on social media, but it does protect us from government punishment because of our speech.

So, where does this "Eyes on Education" government website stand?

"That is something that the American Civil Liberties Union and other groups will certainly take to court, to see whether or not judges will actually uphold this kind of government punishment of personal speech. Particularly speech that's not even taking place in the classroom."

AG Rokita has not responded to ABC57's requests for comment.

Another Michiana teacher, this one from Elkhart Community Schools, is also listed on the "Eyes on Education" website. The school district would not comment on personnel matters with ABC57 but forwarded a recent letter to staff reminding them about their responsibilities when posting on social media.

The statement, saying in part, "As school employees, we must recognize that what we post or share online can significantly affect the way the community views both of us individually and Elkhart Community Schools as a whole."

The Elkhart superintendent said they will take any potential violations seriously and address them appropriately.

Indiana Governor Mike Braun also released a statement about comments being made in the aftermath of Kirk's death, saying people don't always have to agree with each other on all issues. He also said in part, "The secretary of education has the authority to suspend or revoke a license for misconduct, and the office will review reported statements of Kindergarten through 12th grade teachers and administrators who have made statements to celebrate or incite political violence."