South Carolina Attorney General Alan Wilson has clarified that Clemson University holds the legal authority to take action against faculty members who posted controversial comments on social media after the assassination of Charlie Kirk.
In a letter sent 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 these professors. The law may allow for civil claims in wrongful termination cases but does not create criminal liability for university officials acting against employees based on 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 or permit prosecution of Clemson or other public universities in South Carolina for terminating employees under such circumstances. He noted that disputes regarding employee speech rights are a matter for civil courts.
“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.”
The Attorney General reiterated his commitment to upholding constitutional rights while ensuring public employees meet their responsibilities as representatives of the State of South Carolina.
