ACLU of Arkansas Sues Russellville School District Over Teacher’s Firing for Protected Speech

LITTLE ROCK, Ark. — The ACLU of Arkansas today filed a federal lawsuit on behalf of former Russellville High School biology teacher Joshua Chance Duncan, alleging that the Russellville School District violated the First Amendment by firing him over a social media post he made as a private citizen on his personal Facebook account.

The lawsuit argues that the school district unlawfully retaliated against Duncan for engaging in constitutionally protected speech on a matter of public concern when he posted a quote by Clarence Darrow in response to the death of political activist Charlie Kirk.

“The government cannot fire someone simply because officials disagree with protected political speech,” said John C. Williams, legal director of the ACLU of Arkansas. “This case is about an important constitutional principle: public employees do not surrender their First Amendment rights when they accept government employment.”

The ACLU of Arkansas condemns political violence in all forms. There is no place for violence in our democracy. But the First Amendment protects a wide range of political expression, including speech that others may find controversial or offensive. Government officials cannot punish people for exercising those constitutional rights.

According to the complaint, Duncan, an award-winning educator with 18 years of teaching experience, made his post after school hours using a personal device. The post was visible only to individuals Duncan had accepted as Facebook friends. Although Duncan deleted the post the following morning before reporting to work and later publicly apologized, the Russellville School District suspended him and, weeks later, terminated his employment.

The complaint alleges that numerous students, parents, colleagues, and community members opposed the school board’s action against Duncan, while many complaints against him came from individuals with no apparent connection to the school district. More than 1,700 people signed a petition urging the school board not to terminate him. The principal of Russellville High School informed an investigator looking into Duncan’s comments that Duncan is one of the top five most competent teachers he has worked with.

The lawsuit further alleges that Duncan has continued to experience significant professional harm following his termination, including discipline by the Arkansas Department of Education’s Professional Licensure Standards Board, rejection for a teaching position at Arkansas Governor’s School — despite being recommended by the faculty selection committee — and difficulty securing employment with another school district.

“For more than a century, the ACLU has defended the principle that the government cannot punish people for expressing their views,” ACLU-AR Staff Attorney Shelby Shroff said. “The First Amendment protects speech regardless of whether it is popular, and courts have long recognized that public employees retain constitutional protections when speaking as private citizens on matters of public concern.”

The lawsuit asks the court to declare the district’s actions unconstitutional, order Duncan’s reinstatement, award attorney’s fees and costs, and grant other appropriate relief.

The complaint was filed in the U.S. District Court for the Eastern District of Arkansas. A copy of the complaint is available online here.