A lawsuit claims Oglethorpe County Schools violated teacher Michelle Mickens’ First Amendment rights after placing her on leave regarding a Facebook post about Charlie Kirk’s death.
The Southern Poverty Law Center and Georgia Association of Educators have filed a lawsuit on behalf of Michelle Mickens against the Oglethorpe County School System and Superintendent Beverley Levine.
The suit claims the school district violated Mickens’ First Amendment rights by removing her from the classroom and seeks her reinstatement as an English teacher at Oglethorpe County High School.
"The School District became aware of this lawsuit tonight and has not yet been served,” Levine said in a statement Monday night. “While many of the facts stated in the suit and the press statements on plaintiff’s behalf are inaccurate or incomplete, having been sued in federal court, the District prefers to litigate the issues in that forum and not in the press or in the public. The District is confident that it will prevail in defending against this litigation."
Mickens, who has been a high school educator in Georgia for 24 years, was placed on administrative leave early last month following an investigation into a Facebook post about the death of conservative activist Charlie Kirk, who was shot and killed while speaking at Utah Valley University on Sept. 10.
According to the lawsuit, Mickens shared a quote from Kirk on her private Facebook account, which sparked a political discussion in the comment section. Screenshots of her remarks regarding Kirk’s quote, political views and death were later circulated online, leading to a complaint filed with the school district.
On Sept. 29, Mickens was informed through her GAE representative that “the District did not want her to return to teaching and that she would be terminated if she did not voluntarily resign,” the lawsuit states.
“Ms. Mickens is being targeted not because she violated any policy or harmed students, but because her personal views — expressed outside of the classroom — don’t align with those in power,” said Michael Tafelski, SPLC interim deputy legal director. “This unconstitutional censorship of protected speech endangers a healthy democracy. We look forward to defending Ms. Mickens to ensure she can continue serving her students, as she has for decades, without fear of politically motivated retaliation.”
Last week, the Oglethorpe County Board of Education hired Lorraine Genetti to fill Mickens’ role in the classroom, though Mickens has not been formally terminated. At the BOE meeting on Oct. 14, a resident read a prepared statement asking that Mickens be fired.
Mickens joined the OCHS staff in 2023 and was one of 20 educators selected for the Georgia Department of Education’s Teacher Policy Fellowship, which encourages teachers to engage in the educational policy-making process. In 2022, Mickens was a runner-up for Georgia Teacher of the Year.