Former Gaston teacher’s suit claims she was fired over Kirk comment

A former Gaston County school teacher says she was fired last year after posting a comment on social media about conservative activist Charlie Kirk’s murder. A new federal lawsuit alleges Gaston school board members and the school superintendent violated Holly Ackerman’s First and 14th Amendment rights.
“Plaintiff Holly Ackerman was a beloved Gaston County public school teacher who devoted her career to helping students with special needs,” her lawyers wrote in the 12-page complaint filed Tuesday. “In her personal time, Ackerman posted a comment on Facebook about the death of Charlie Kirk.”
“The comment had no impact on Ackerman’s teaching or the school district’s ability to educate students,” the complaint continued. “Nevertheless, Defendants suspended and then terminated Ackerman based on the post, in violation of her First Amendment rights. Ackerman brings this action to recover damages and obtain injunctive relief for the violation of her rights under the United States Constitution.”
“Ackerman was widely respected and admired by her colleagues at Hunter Huss High School and Webb Street,” a school for students with “moderate to severe disabilities,” according to the complaint. “She consistently received excellent performance evaluations. Ackerman did not have any disciplinary issues before September 2025.”
“Ackerman was careful not to discuss her political views in her classroom or at work,” her lawyers wrote. “She had a private Facebook page that she used to keep in touch with friends and family. Ackerman was not ‘Facebook friends’ with any of her students or their parents. She generally avoided posting about her political opinions on her Facebook page.”
On Sept. 10, 2025, Ackerman was at home after school when she saw a Facebook post from an acquaintance who was highlighting a news article about Kirk’s shooting at a Utah university.
“Above the article, the acquaintance posted a quote from Kirk, which stated, in substance: ‘It’s worth to have the cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment,’” according to the complaint. “Kirk made the comment following a 2023 school shooting in Nashville.”
“Ackerman strongly disagreed with Kirk’s viewpoint on gun violence and the Second Amendment,” he lawyers wrote. “As a teacher and parent, she was offended by Kirk’s comment that gun deaths, including deaths resulting from school shootings, could be justified in any way, including by the Second Amendment.”
“Ackerman expressed her disagreement with Kirk’s views by commenting on the post she saw: ‘I can’t believe people are actually mourning this douchebag,’” the complaint continued. “Ackerman believed that her comment was not viewable by the public.”
“Minutes later, a screenshot of Ackerman’s comment was widely shared on social media,” her lawyers wrote. “The screenshot included the news article about Kirk’s shooting and Ackerman’s comment but omitted Kirk’s quote regarding the Second Amendment. Ackerman received an onslaught of texts and Facebook messages from people she did not know throughout the evening. After realizing that her comment had upset others, Ackerman swiftly removed it and apologized in several message responses.”
Gaston County school officials received emails and calls from people calling for Ackerman to be fired.
“None of Ackerman’s colleagues or students, and none of the parents of her students, demanded her termination or expressed concerns regarding her Facebook comment,” her lawyers wrote. “To the contrary, parents of Ackerman’s students reached out to school officials in support of her continued employment. One parent wrote to the school stating that her child ‘genuinely looked forward to going to school every day with [Ackerman].’ Another wrote to the school stating that her child ‘adore[d]’ Ackerman.”
The school system suspended Ackerman with pay on Sept. 11, 2025. One week later, Superintendent Morgen Houchard issued a written notice of charges, which “alleged that Ackerman’s post violated Gaston County Board of Education policies.”
Houchard suspended Ackerman without pay on Sept. 23, 2025, and recommended her dismissal. “He alleged that the post ‘has caused and continues to cause significant disruption in the regular and efficient operation of the school and district-at-large,’” according to the complaint.
The school board held a hearing on Nov. 5, 2025, and then adopted Houchard’s recommendation.
“Ackerman was acting as a private citizen when she posted a comment about Kirk on Facebook,” her lawyers wrote. “Ackerman posted her comment because she disagreed with Kirk’s views on the Second Amendment and gun control, both of which are matters of public concern.”
“Ackerman’s single comment on Facebook did not cause any actual disruption to the staff, students, or operations at Webb Street,” the complaint continued. “Ackerman’s comment did not materially affect the educational mission of Webb Street or Gaston County Schools. Ackerman’s comment did not interfere with or impair Ackerman’s ability to teach her students or work with her colleagues.”
The lawsuit claims violations of Ackerman’s rights under the First and 14th Amendments. She also brings a claim under 42 USC § 1983 — a federal law that allows for lawsuits against government officials who violate rights “under color of law.”
Ackerman seeks an injunction against the Gaston school officials’ alleged “unconstitutional conduct” and reinstatement to her job. She’s also seeking “compensatory damages in an amount to be determined by a jury, and interest as determined by the Court.”
“Former Gaston teacher’s suit claims she was fired over Kirk comment” was originally published on www.carolinajournal.com.