In a Wednesday court filing, University of Mississippi Chancellor Glenn Boyce continued to defend his firing of former university employee Lauren Stokes over a social media post she made following the death of Turning Point USA founder Charlie Kirk.
This is the latest legal development in Stokes’ First Amendment lawsuit that she filed against Boyce in October in response to her firing. U.S. District Judge Glen Davidson dismissed the lawsuit in March on the grounds that Stokes’ failed to make a plausible First Amendment violation claim.
Following the dismissal, Stokes filed an appeal in the 5th U.S. Circuit Court of Appeals, arguing that Davidson had improperly dismissed her lawsuit.
In his response, Boyce argues that Stokes’ complaint fails to allege a violation, that the chancellor is entitled to qualified immunity and the district court was correct in its dismissal of the lawsuit.
“She failed to plausibly allege that her interest in speaking on social media outweighed the University’s interest in promoting efficiency in the workplace.” Boyce’s filing states.
Boyce argues that the attention drawn to the university and the “disruption to the University’s operations” only stopped after Stokes was fired and he, as chancellor, issued an apology statement.
Read more: Former Ole Miss employee contends in appeal of dismissed lawsuit that Chancellor Glenn Boyce caved to hecklers
Boyce’s lawyers stated that the chancellor testified “he did not terminate Stoke’s employment based on his personal opinion about the viewpoint expressed in her Instagram post,” but he fired her due to the disruption and impact that it had on the university’s operation and reputation.
The filings also argue that Boyce has qualified immunity in his personal capacity. The filing largely mentions the Pickering test, a legal standard that courts use to determine whether the law was clear enough that a reasonable official would have known what they were doing was illegal.
“Even if Stokes could state a plausible First Amendment claim, the qualified immunity defense prevents pursuit of that claim against the Chancellor in his individual capacity,” Boyce’s response states.
On July 23, University of Mississippi faculty members J.T. Thomas, Wendy Goldberg and Graham Pitts, along with a freedom of speech organization, filed amicus briefings, or “friend of the court” briefings, in support of Stokes.
Next, Davidson will determine whether an oral argument is necessary. Stokes’ lawyers requested one, while Boyce’s said it was not necessary.
Stokes served as the executive assistant for Charlotte Parks, UM vice chancellor for development. Following Kirk’s death, Stokes reposted a social media comment critical of Kirk’s activism to her private Instagram account. By the next morning, Stokes was terminated from her position and the university released a statement condemning Stokes’ actions.
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