FAU professor claims First Amendment rights violated over social media leave
A university official emailed FAU English professor Kate Polak on Monday notifying her that she had been placed on paid administrative leave while the school investigates her social media activity.
Polak said she remains confused by the administration’s reasoning for the suspension, adding that she made multiple attempts to get answers from officials but received none. The University Press obtained screenshots from a student who requested anonymity, showing comments from Polak’s Instagram Threads account on other users’ posts about the late conservative activist Charlie Kirk, who was fatally shot Sept. 10 at Utah Valley University.
Polak acknowledged the comments from her account, saying she did not write the actual post but replied in the public comments. She emphasized that she never encouraged violence and argued the comments are protected by the First Amendment, which she believes the university is violating. She said that anyone who does not believe these actions from the university is a violation of freedom of speech is “un-American.”
“I think my biggest frustration with this is that I work in the Culture and Society building, and we have ‘the right to free speech’ in stone on that building. I think it’s a sincere problem that I could be censured for things said in my private time regarding, once again, things that are none of my employer’s business,” said Polak.
The university’s actions came shortly after President Adam Hasner announced on Sept. 13 that an unidentified tenured faculty member was placed on leave pending an investigation involving repeated reposts of social media content about Kirk’s assassination. “Our focus remains on our academic community’s responsibility to promote civil discourse, conduct healthy debate, and treat one another with respect. This applies to all students, faculty, and staff, no matter their political leanings,” wrote Hasner in the statement.
FAU associate professor of art history Karen Leader confirmed she is the faculty member placed on leave in the separate case. In a recent University Press article, Leader called Hasner’s accusations inaccurate, saying she did not post on her X account about Kirk’s fatal shooting but rather about his public statements.
University spokesperson Lisa Metcalf wrote in an email to the University Press that “Florida Atlantic University does not comment on personnel matters,” and declined to comment further about the case regarding Professor Polak. According to copies of the emails that Polak provided to the University Press, Department of English Chair Oliver Buckton notified her about the administrative leave and directed her not to come to campus until further notice.
“The investigation will include a review of your conduct, including, but not limited to, your recent social media posts that the university reasonably believes might disrupt the efficient functioning of the university, and/or jeopardize the safety or welfare of other employees, colleagues, or students,” reads the email from Buckton.
Polak said that nowhere in the notice did it state what specific social media content was the reason for her administrative leave. The University Press obtained a Canvas message from an anonymous student in Polak’s College Writing 2 class: “I have been placed on administrative leave. It is a very obvious violation of my First Amendment rights, and I have already retained legal counsel to defend me against this threat to my career.” Polak also apologized for the disruption to their education in the message.
Polak said her biggest goal in the classroom is to create a safe space for her students, regardless of political ideology. “I want all of my students, regardless of their personal beliefs, to be comfortable. And so I deliver my intellectual content to them, and sometimes that has political dimensions, but I am not pushing any political angle,” said Polak.
Ian MacDonald, an FAU English professor and Polak’s partner, called the situation “frustratingly illegal” and said it’s hard to know what to do, adding that they have contacted an attorney.
“We’re preparing ourselves to both fight for the legal right to free speech, which is not only bound in the First Amendment but also a core to the epistemological rationalization of the university in the first place,” said MacDonald.
This story is still developing and will be updated as new information becomes available.
Ava Hilton is the Copy Desk Chief for the University Press. For information regarding this or other stories, email ava.hilton13@gmail.com or direct message Hilton on Instagram @a.vahilton10.
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