Judge Orders Reinstatement, Back Pay for Teacher Fired Over Charlie Kirk Post
Florida Judge Says Teacher Should Get Job Back After Charlie Kirk Facebook Post
What Happened?
A middle school teacher in Lee County, Florida, was suspended over a private Facebook post she made about Charlie Kirk, a conservative activist who was assassinated on September 10, 2025. An administrative judge has now reviewed the case and recommended the teacher be reinstated with full back pay.
Who Is Involved?
- Mariah Roller – A teacher at Three Oaks Middle School in Fort Myers
- Charlie Kirk – A conservative commentator and activist, killed by a gunman while speaking at a Utah college
- Lee County School Board – The employer that suspended Roller
- Judge Andrew Manko – A judge with the Division of Administrative Hearings (DOAH), which handles disputes between government employees and agencies
What Did the Teacher Post?
On the day Kirk was killed, Roller posted this on her private Facebook page:
“What’s that about the cost of the Second Amendment being ‘some gun deaths every year,’? Bye Charlie”
She deleted the post less than an hour later. But someone took a screenshot and shared it publicly.
Why Was She Suspended?
The Lee County School Board claimed the post caused "substantial disruption" at the school. They argued it violated employee conduct policies.
What Did the Judge Find?
Judge Manko disagreed with the school board. Here’s what his ruling said:
Key Findings
- The post was on a private Facebook page — not public
- Roller deleted it quickly (under an hour)
- The spread of the post was caused by a third party, not her
- Only two parents complained directly to the school board
- The principal received 15–20 emails, but only sent a generic reply to a few
- The judge called the disruption "minimal"
- The post was not unethical under the circumstances
Important Point:
DOAH rulings are recommendations only. The school board does not have to follow them — but they carry weight.
What Happens Next?
- The Lee County School Board will review the judge’s recommendation
- They can accept it (reinstate Roller + back pay) or reject it
- If they reject it, the case could go further
Similar Case in Martin County
This isn’t the first time this has happened.
| Teacher | County | Outcome |
|---|---|---|
| Matthew Theobald | Martin County | Judge recommended reinstatement + back pay |
| School board rejected the recommendation and kept his termination |
What Did the State Say?
The day after Kirk’s assassination, Florida Education Commissioner Anastasios Kamoutsas sent a memo warning:
“Some Florida educators have posted despicable comments on social media… I will be conducting an investigation of every educator who engages in this vile, sanctionable behavior.”
Several teachers across the state faced discipline for posts about Kirk’s death.
Summary
- A teacher made a private, quickly deleted Facebook post criticizing Charlie Kirk’s Second Amendment views after his assassination
- The school board suspended her, claiming major disruption
- A state administrative judge found minimal disruption and no ethical violation
- The judge recommended reinstatement and back pay
- The school board does not have to obey — but the ruling supports the teacher’s case
- Other teachers in Florida have faced similar discipline, with mixed results
FAQ
Was the teacher’s post public?
No. It was on her private Facebook page. Someone else screenshot and shared it.
Did the post cause chaos at the school?
Not really. Only 2 parents complained to the board. The principal got 15–20 emails but barely responded.
Does the judge’s ruling mean she gets her job back automatically?
No. DOAH rulings are advisory only. The school board decides.
Have other teachers been punished for similar posts?
Yes. At least one other teacher (Matthew Theobald) was fired, and a judge also recommended his reinstatement — but the school board refused.
Why does the state care about teachers’ social media?
After Kirk’s assassination, the Education Commissioner launched investigations into any educator who posted “despicable comments” about his death, saying it violated conduct policies.
This article is based on a ruling by the Florida Division of Administrative Hearings (DOAH) and public reports from Gulf Coast News.