Editor's note: A previous version of this story misstated Sutton's current employment status with the school district. It has since been corrected.
A Colorado substitute teacher and military veteran, who was suspended over social media comments he made about Charlie Kirk's killing, has been reinstated but says he'll be suing Pueblo School District 70, alleging his First Amendment rights were violated, his attorney sunny.
Five days after Kirk was shot and killed at an event at Utah Valley University, the substitute teacher, Christopher Sutton, posted his feelings about public mourning of the conservative activist on his personal Facebook page.
"Pretending that everyone deserves to be mourned is dumb as f**k," he wrote on Sept. 15. "Sometimes, the world becomes a better place. If I find relief in the passing of my own relative, then why in the f**k would I need to grieve a propagandist that worked to make the world more dangerous?"
His attorney, David Lane, said in a letter to the district that the post was "clearly a communication in his personal capacity regarding an issue of personal and public concern." Lane went on to say that Sutton "then created another social media post on his account sharing his feelings that placing flags at half-mast for Mr. Kirk's death was infuriating to him as a veteran."
Reached by phone on Sunday, Sutton said he's still employed by the district but is pursuing a federal First Amendment lawsuit.
"Teachers still get personal time. Teachers are still human. We're still citizens. We work for the government but should be allowed to have opinions, to criticize, without fear of retribution from the district," he said.
On Sept. 22, Sutton was placed on "inactive" status within the school district, his attorney says, after it received eight emailed complaints about Sutton's comments. Lane says only some of those were from district parents.
"Although there are approximately 10,000 students in District 70, only a few of the complaints were from parents of students," Lane wrote to the district. "The complaints ranged from calling Mr. Sutton a 'vicious, evil person' based on his post, to claiming that he 'is in favor of murder of people' and 'promotes murder' based on his post. Two of the complainants were local politicians who each threatened not to support a mill levy override that would provide funding to the District if the District continued to employ Mr. Sutton."
A mill levy override refers to a voter-approved measure to raise property taxes to fund schools.
Sutton was reinstated on Dec. 5, a letter from the district to Sutton shows.
Lane argues that Sutton's social media posts are protected by the First Amendment, adding that they were about a topic of public concern and not made at work or in relation to his job.
CBS News Colorado sent an email to the Pueblo School District 70 seeking comment on the lawsuit on Friday. As of Sunday, the school district has not yet responded, nor has it posted any public statements regarding Sutton's suspension or the lawsuit.
Kirk was killed on Sept. 10 at a Turning Point USA "Prove Me Wrong" event at Utah Valley University. The events featured Kirk debating college students about various political and social issues. While responding to a question about gun violence in the U.S., Kirk was shot in the neck. He died later that day.
Tyler James Robinson, 22, was arrested four days later and has since been charged with aggravated murder.
Kirk was an influential and often controversial figure in the conservative movement. Comments about his death have led to the sanctioning — and sometimes firing — of workers, including public and private sector employees.
Legal experts largely agree that private employers can fire employees for any reason, including speech, except in a handful of states. Government agencies, however, including local school districts, are limited by the First Amendment in how they regulate and respond to the speech and conduct of employees.
Pueblo School District 70 includes places like Colorado City and Pueblo West, and is about 120 miles south of Denver.
Austen Erblat
Austen Erblat is a digital producer and assignment editor at CBS News Colorado and is Covering Colorado First. Originally from South Florida, he's been working as a journalist in Denver since 2022.
Colorado substitute teacher says school district violated his rights after Charlie Kirk comments; plans to sue
/ CBS Colorado
Editor's note: A previous version of this story misstated Sutton's current employment status with the school district. It has since been corrected.
A Colorado substitute teacher and military veteran, who was suspended over social media comments he made about Charlie Kirk's killing, has been reinstated but says he'll be suing Pueblo School District 70, alleging his First Amendment rights were violated, his attorney sunny.
Five days after Kirk was shot and killed at an event at Utah Valley University, the substitute teacher, Christopher Sutton, posted his feelings about public mourning of the conservative activist on his personal Facebook page.
"Pretending that everyone deserves to be mourned is dumb as f**k," he wrote on Sept. 15. "Sometimes, the world becomes a better place. If I find relief in the passing of my own relative, then why in the f**k would I need to grieve a propagandist that worked to make the world more dangerous?"
His attorney, David Lane, said in a letter to the district that the post was "clearly a communication in his personal capacity regarding an issue of personal and public concern." Lane went on to say that Sutton "then created another social media post on his account sharing his feelings that placing flags at half-mast for Mr. Kirk's death was infuriating to him as a veteran."
Reached by phone on Sunday, Sutton said he's still employed by the district but is pursuing a federal First Amendment lawsuit.
"Teachers still get personal time. Teachers are still human. We're still citizens. We work for the government but should be allowed to have opinions, to criticize, without fear of retribution from the district," he said.
On Sept. 22, Sutton was placed on "inactive" status within the school district, his attorney says, after it received eight emailed complaints about Sutton's comments. Lane says only some of those were from district parents.
"Although there are approximately 10,000 students in District 70, only a few of the complaints were from parents of students," Lane wrote to the district. "The complaints ranged from calling Mr. Sutton a 'vicious, evil person' based on his post, to claiming that he 'is in favor of murder of people' and 'promotes murder' based on his post. Two of the complainants were local politicians who each threatened not to support a mill levy override that would provide funding to the District if the District continued to employ Mr. Sutton."
A mill levy override refers to a voter-approved measure to raise property taxes to fund schools.
Sutton was reinstated on Dec. 5, a letter from the district to Sutton shows.
Lane argues that Sutton's social media posts are protected by the First Amendment, adding that they were about a topic of public concern and not made at work or in relation to his job.
CBS News Colorado sent an email to the Pueblo School District 70 seeking comment on the lawsuit on Friday. As of Sunday, the school district has not yet responded, nor has it posted any public statements regarding Sutton's suspension or the lawsuit.
Kirk was killed on Sept. 10 at a Turning Point USA "Prove Me Wrong" event at Utah Valley University. The events featured Kirk debating college students about various political and social issues. While responding to a question about gun violence in the U.S., Kirk was shot in the neck. He died later that day.
Tyler James Robinson, 22, was arrested four days later and has since been charged with aggravated murder.
Kirk was an influential and often controversial figure in the conservative movement. Comments about his death have led to the sanctioning — and sometimes firing — of workers, including public and private sector employees.
Legal experts largely agree that private employers can fire employees for any reason, including speech, except in a handful of states. Government agencies, however, including local school districts, are limited by the First Amendment in how they regulate and respond to the speech and conduct of employees.
Pueblo School District 70 includes places like Colorado City and Pueblo West, and is about 120 miles south of Denver.
Austen Erblat is a digital producer and assignment editor at CBS News Colorado and is Covering Colorado First. Originally from South Florida, he's been working as a journalist in Denver since 2022.
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