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Tillman Hall on the campus of Clemson University Saturday, June 13, 2020.
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Ed Lab reporter Anna B. Mitchell is a Greenville-based investigative reporterfor the Post and Courier's Education Lab team. A licensed Englishand social studies teacher, Anna covers education in the Upstateand collaborates with other reporters for coverage on statewideeducation trends. She studied history at the University of NorthCarolina, journalism at the University of Missouri, and holds anMBA from the University of Applied Sciences in Würzburg. For fun,Anna plays bassoon, visits her family in Germany as often as shecan, and takes her doggy, Ashe, for long walks with her daughterand husband.
Anna B. Mitchell
CLEMSON — Clemson University has suspended an employee after enduring a day of deep criticism over its decision not to take immediate action — citing protection of free speech rights —against employees who posted messages on social media applauding the death of conservative activist Charlie Kirk earlier this week.
“Clemson University continues to thoroughly review the inappropriate social media content posted by employees in response to the tragic murder of Charlie Kirk,” the university said in a statement midday on Sept. 13. “As stated previously, the University will take decisive and appropriate action in cases where speech is not protected under the U.S. Constitution and the First Amendment.”
The statement — released at 11:53 a.m. Sept. 13 — goes on to say that “effective immediately” an employee had been suspended pending further investigation into social media posts.
The firestorm of criticism started on Sept. 12 with the Clemson College Republicans posting screenshots of comments and retweets allegedly penned by music professor Melvin Earl Villaver Jr. One screenshot appears to reference the 31-year-old Kirk and says, “Today was one of the most beautiful days ever.”
Later on Sept. 12, the university issued a statement condemning online chatter celebrating the shooting death of Kirk but said free speech is protected by state law and the U.S. Constitution. In addition to First Amendment protections, South Carolina law prohibits firing anyone for their political opinions or exercising free speech in expressing those in public.
Conservatives including Sen. Lindsey Graham and the Clemson College Republicans continued to criticize the university.
"Free speech doesn’t prevent you from being fired if you’re stupid and have poor judgement," Graham posted on X in response to Clemson's original statement.
The American Civil Liberties Union of South Carolina issued its own statement on Sept. 12 condemning political violence while also calling out the “targeted harassment” of teachers, professors and other public servants for political statements posted on personal sites.
Political figures, the organization wrote, are using the occasion of Kirk’s murder to “mine” social media for statements they disagree with and then demanding state employees lose their jobs.
“In the face of politicized and sometimes manufactured outrage, we call on school districts and university presidents to model the tolerance for upsetting speech that is demanded by the First Amendment so that they might instill that firmly-rooted American value in the next generation,” said Allen Chaney, legal director of the ACLU in South Carolina.
Clemson’s measured response to its employees’ posts so far stands in contrast to that of Greenville County Schools, the state’s largest public school district, which fired a high school social studies teacher hours after a conservative social media account captured and circulated screenshots of a Facebook post where the teacher cheered Kirk’s assassination.
Conservative politicians and groups, including Republican U.S. Reps. Nancy Mace and Ralph Norman, amplified demands on social media outlet X that the school district take action against the teacher.
Greenville County Schools evoked its code of ethics and social media policies, which emphasize teachers being a role model for their K-12 students, when it fired the teacher.
Clemson has a social media policy that outlines the university’s respect for freedom of speech and says posts “cannot be limited based on the content or viewpoint of the speech/expression.” However, where posts contain speech not protected by the First Amendment — such as speech inciting imminent violence — the university can take disciplinary action.
This policy extends to personal social media accounts when posts affect someone’s “professional responsibilities.”
The university, citing personnel restrictions, did not name the suspended employee or say whether it was a staff member or a member of the faculty.
Villaver could not be reached for comment, and the X.com account @MelvinEarlMusic, from which his alleged remarks and reposts were cited, has been taken down.
The remarks attributed to Villaver were not the only ones to draw criticism, a university spokesman said.
“We understand the frustration, and we share the deep concern over the nature of these posts,” the Sept. 13 statement said. “However, we will continue to act within the bounds of the law and our University policies to ensure accountability and integrity.”
Education Lab
The Post and Courier’s Education Lab focuses on issues and policies affecting South Carolina’s education system. It is supported by donations and grants to the nonprofit Public Service and Investigative Fund, whose contributors are subject to the same coverage we apply to everyone else. For more information and to donate, go to postandcourierfund.com.
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- Clemson University
- Charlie Kirk
- Suspension
- Social Media
- Free Speech
Anna B. Mitchell
Ed Lab reporter
Anna B. Mitchell is a Greenville-based investigative reporterfor the Post and Courier's Education Lab team. A licensed Englishand social studies teacher, Anna covers education in the Upstateand collaborates with other reporters for coverage on statewideeducation trends. She studied history at the University of NorthCarolina, journalism at the University of Missouri, and holds anMBA from the University of Applied Sciences in Würzburg. For fun,Anna plays bassoon, visits her family in Germany as often as shecan, and takes her doggy, Ashe, for long walks with her daughterand husband.
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