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A legal group says a Hawaii middle school history teacher was disciplined by school officials after a Constitution Day lesson that discussed Charlie Kirk.
The American Center for Law and Justice (ACLJ) sent a warning letter to the Hawaii Department of Education on Oct. 16 alleging the teacher’s free speech rights were violated.
The letter, which redacted the names of the teacher, school and administrators, said the incident occurred on Sept. 17 when the teacher taught the Bill of Rights as part of her federally mandated Constitution Day lesson. During a class discussion, the teacher explained that “hate speech” is protected under the Constitution, prompting a student to reference the Sept. 10 killing of Kirk, saying he “was killed for his speech.”
The teacher then asked students to name other figures who were killed for their speech. Students identified Martin Luther King Jr., John F. Kennedy and Abraham Lincoln, according to the ACLJ.
Another student mentioned that someone tried to assassinate President Donald Trump for his speech, while another student implied that such an act would be acceptable.
PROFESSOR FIGHTING DISMISSAL FOR CALLING CHARLIE KIRK A ‘NAZI’ HANDED LEGAL WIN, FUELING FREE SPEECH DEBATE
President Donald Trump survived an assassination attempt on his life in Butler, Pennsylvania in July 2024. (Rebecca Droke/AFP via Getty Images)
The teacher immediately corrected the student, according to the letter, telling the class that calls for death are not protected speech and that violence is never an acceptable response to disagreement.
During her next class, another student again brought up Kirk’s murder, and the teacher agreed he had been shot because of his speech.
The ACLJ maintains that the teacher did not express any political opinions and remained neutral throughout the discussion. Later that day, however, she was called into a meeting with the vice principal, who said the discussion about Kirk was considered too “controversial” for the classroom.
A parent had reportedly complained about the conversation, and the vice principal told the teacher she was required to “shut down” any further discussion of controversial topics. A week later, he emailed a memo warning that she would face discipline if she failed to comply.
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Turning Point USA founder Charlie Kirk was killed while speaking on a Utah campus on Sept. 10, 2025. (Joe Raedle/Getty Images)
The ACLJ said that directive violates state education policy, which allows student discussions on issues that “generate opposing points of view” as a “normal part of the learning process.” Furthermore, the group argued the teacher had included the Bill of Rights lesson in her syllabus, so parents were aware of the topic in advance.
In a later meeting with the vice principal and principal, the teacher challenged the memo and was allegedly told she could only discuss the First Amendment in the context of America’s founding, not in relation to current events.
The principal said the memo would be placed in her file but denied it was punitive, saying it would give administrators “a leg to stand on” if they decided to discipline her in the future.
A Hawaii history teacher was allegedly disciplined over holding a classroom discussion on free speech on Constitution Day where students discussed Charlie Kirk. (JEFF PACHOUD/AFP via Getty Images)
FLORIDA TEACHER TOLD TO REMOVE CHARLIE KIRK IMAGE FROM CLASSROOM FEELS TARGETED, VOWS TO FIGHT DISTRICT
The ACLJ argues the school violated the teacher’s First Amendment rights and engaged in viewpoint discrimination by targeting her while allowing other teachers to connect constitutional issues to modern examples.
The group requested the immediate removal of the memo from the teacher’s file and assurances that no further discipline over the matter or her advocacy would occur.
FLORIDA TEACHER TOLD TO REMOVE CHARLIE KIRK IMAGE FROM CLASSROOM FEELS TARGETED, VOWS TO FIGHT DISTRICT
It also seeks written confirmation that teachers will not be forced to silence students during approved lessons and that instruction on constitutional rights will not be deemed “controversial.”
The ACLJ told Fox News Digital it has pushed back the original October 23 deadline for the Hawaii Department of Education to respond, to November 6, before deciding whether to file a formal complaint with the U.S. Department of Education’s Office for Civil Rights, alleging the teacher’s civil rights were violated and that officials interfered with federally required Constitution Day lessons.
The Hawaii Department of Education did not immediately return Fox News Digital’s request for comment.
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Kirk, the founder of Turning Point USA, was killed on Sept. 10 while debating on a Utah campus.
The conservative influencer’s death has sparked a wave of campus activism focused on free speech.
