CLEMSON – The American Civil Liberties Union of South Carolina is suing Clemson University for violating the First Amendment based on its decision to fire a faculty member for sharing another person's Facebook post that was critical of the late conservative pundit Charlie Kirk.
The ACLU-SC filed a complaint on the former assistant professor’s behalf today in U.S. District Court. The case seeks Dr. Joshua Bregy’s reinstatement, a correction of his personnel records, and monetary damages.
“The First Amendment protects the rights of public employees to speak in their personal capacity on important public topics,” said Allen Chaney, Legal Director for the American Civil Liberties Union of South Carolina. “When it comes to free speech, Clemson isn’t allowed to cave to the whims of a political mob. Fortunately for us all, the Constitution is made of sterner stuff than that.”
Today’s legal complaint traces how, over only three days, Clemson went from promising to “stand firmly on the principles of the U.S. Constitution, including the protection of free speech” to summarily firing two of its faculty members for speaking out about Kirk. The change of heart followed days of coercive tactics by state politicians who, amidst a national campaign of retaliation against Kirk’s opponents, threatened to defund the university if it didn’t bend to their will.
Dr. Bregy worked as an assistant professor in Clemson’s Department of Environmental Engineering and Earth Sciences from January 2023 until his firing in September 2025. In that role, he conducted research on topics including the reconstruction of hurricane records and taught both undergraduate and graduate courses on topics including oceanography and coastal hazards. Because Dr. Bregy is the only faculty member who is qualified to teach those courses, the university is now scrambling to meet the needs of its students.
Faculty at Clemson say that Bregy’s firing “sent shockwaves through the faculty, triggered an emergency meeting of the faculty senate, and has fractured the faculty’s trust and confidence in the Provost, University President, and Board of Trustees.” Several of Dr. Bregy’s students have reached out to express support for their former teacher and praise his bravery for speaking out. A GoFundMe page that was created by a Clemson alumnus is now nearly fully funded, with many of the contributions coming from current and former faculty and students.
According to reporting in the Chronicle of Higher Education, at least 40 higher education faculty, staff, and students have been fired, suspended, or expelled for commentary about Kirk in the wake of his death. Dr. Bregy’s case illustrates the absurd lengths that some politicians went to punish their perceived ideological enemies.
As part of its First Amendment argument, today’s complaint appeals to the University’s own interest in protecting speech. Only two years ago, Clemson’s Board of Trustees voted unanimously to commit the university to upholding “free speech, expression, and inquiry,” by incorporating the University of Chicago’s Report of the Committee on Freedom of Expression. Notably, that statement concludes that “it is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.”
The full text of the repost that Dr. Bregy shared is below:
Let me preface this post by saying that violence is never okay and as much as I dislike someone and their cruel ideas, I would never want their life to be taken in an act of violence. Democracy should be built on ideas, not force. But I AM going to say this: If anyone thinks that a reasonable price for the second amendment is countless innocent lives, and then that person has the cold-heartedness and audacity to say that empathy is likened to a social disease, they will get no protracted sympathy from me. Unfriend me if you don’t like hearing this simple truth. I’ll never advocate for violence in any form, but it sounds to me like karma is sometimes swift and ironic. As Kirk said, “play certain games, win certain prizes.”
Moreover, the disgusting double standard for those on the “other side of the political line” is insane. Where was the outrage from the conservatives when Melissa Hortman, her husband, and even their dog was murdered in an act of political violence? Where were the thoughts and prayers from those who are outraged now? And why is there already a call from certain conservatives for retribution and violence? Doesn’t that say too much about what cruelty awaits in their vengeance?
Maybe you think I’m cruel too, but I’ll say this also – I truly grieve for Kirk’s family and friends. No one deserves to go through tragic loss like that. No one should be gunned down – not a school child, not an influencer, not a politician – no one. But am I going to allow people to make a martyr out of a flawed human being whose rhetoric caused notable damage? Not a chance.
