A South Dakota district court judge ordered the University of South Dakota on Wednesday to reinstate Michael Hook, a tenured professor of art who was put on leave with an “intent to terminate” after he posted comments on his personal Facebook page about Charlie Kirk. 

“The court concludes that Hook spoke as a citizen and his speech was on a matter of public concern,” district court judge Karen Schreier wrote. “Defendants note that Hook’s Facebook page identified himself as a professor at the University of South Dakota … but this alone does not show that a post made on his personal Facebook account is speech that arises from Hook’s duties as a professor.”

Hook is one of dozens of faculty and staff members who have been punished for their comments about Kirk’s death. He was put on leave two days after posting, “Okay. I don’t give a flying fuck about this Kirk person,” on his Facebook page on Sept. 10, the day Kirk was shot and killed in Utah.

“Apparently he was a hate spreading Nazi. I wasn’t paying close enough attention to the idiotic right fringe to even know who he was,” Hook continued. “I’m sorry for his family that he was a hate spreading Nazi and got killed. I’m sure they deserved better. Maybe good people could now enter their lives. But geez, where was all this concern when the politicians in Minnesota were shot? And the school shootings? And Capitol Police? I have no thoughts or prayers for this hate spreading Nazi. A shrug, maybe.”

Hook later deleted the post and posted an apology. 

Hook was informed in a letter from Bruce Kelley, dean of the University of South Dakota College of Fine Arts, that in posting the comment on Facebook he’d violated two university policies. The first dealt with “neglect of duty, misconduct, incompetence and abuse of power,” and the second detailed that when employees speak publicly “they should remember that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, show respect for the opinions of others and make every effort to indicate when they are not speaking for the institution.” 

As part of the temporary restraining order, Schreier ordered that the university may not proceed with a disciplinary meeting between Hook and university officials scheduled for Sept. 29. The temporary restraining order will remain in effect until a preliminary injunction hearing on Oct. 8.