Chuck Grassley says teachers ‘can say anything they want to’ as private citizens

U.S. Sen. Chuck Grassley upheld the First Amendment rights of teachers and professors who have been put on leave or fired from their jobs for their scornful comments about Charlie Kirk’s death, saying they “can say anything they want to” so long as they are speaking as private citizens and not inciting violence.

He also said Federal Communications Commission (FCC) Chairman Brendan Carr made “stupid comments” about what would happen if Disney or ABC didn’t take action against Jimmy Kimmel for comments he made during his late-night talk show about the man charged with killing Kirk.

Grassley also said President Donald Trump said things he should not have said.

“If any corporate CEO makes a decision based upon what some political leader said, they’re not serving their stockholders or employers or customers,” Grassley said. “They ought to be making a decision as a CEO unrelated to what somebody says they should have done or not done.”

In an interview with Newton News on Friday, Sept. 26 during a visit to PCM High School, the Republican senator suggested employees could be justly punished for making disparaging comments against their employer, for example. But they can otherwise say anything they want.

“If they’re acting as a private citizen outside their employment area, they can say anything they want to,” Grassley said.

“When they’re in employment and any conditions of employment that would apply outside of their employment, like saying anything detrimental about their employer, I think that’s private employee-employer relationship that you have to abide by. But outside of that you can say anything you want to.”

As long as it doesn’t lead to violence, Grassley added. He recounted phrasing from Justice Oliver Wendell Holmes Jr.’s opinion in the 1919 U.S. Supreme Court case Schenck v. United States: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.”

For the past three weeks, there have been increased news reports about teachers and professors being fired for their comments about Kirk, who was a prominent and controversial right-wing activist. Several teachers, including one is Oskaloosa, are now suing their employers for violating their constitutional rights.

Grassley said controversy “ought to run rampant” in universities, albeit in a more civil manner. Much like his recent visit to Monroe where students confronted the senator with questions about grain prices, age limits in government and how to strive for more respectful dialogue.