South Carolina Attorney General Alan Wilson has clarified that Clemson University holds the legal authority to take disciplinary action against faculty members who posted controversial comments on social media following the assassination of Charlie Kirk.
In a letter addressed to Clemson University President James Clements, Wilson stated that South Carolina’s “political firing” statute (§16-17-560) does not prevent the university from terminating professors in such cases. He noted that while the law allows for potential civil claims in wrongful termination disputes, it does not create criminal liability for university officials acting against employees for their conduct.
“The First Amendment protects freedom of speech, but it does not shield threats, glorification of violence, or behavior that undermines the mission of our state institutions,” said Attorney General Wilson. “Clemson, and any state university in South Carolina, should not be paralyzed by fear of prosecution when dealing with employees who publicly endorse political violence.”
Wilson emphasized that his office will not prosecute Clemson or other public universities in South Carolina for terminating employees under these circumstances. He explained that disagreements over employee speech rights should be resolved through civil courts rather than criminal proceedings.
“The statements made by these professors were reprehensible and completely contrary to civil discourse and public decency,” Wilson said. “We will not tie the hands of university leaders. They have both the duty and the authority to maintain the high standards of their institutions.”
Wilson reiterated his commitment to upholding constitutional rights while ensuring public employees meet their responsibilities as representatives of South Carolina.
A full copy of Attorney General Wilson’s letter is available online.
