Gary Edinger, an attorney representing School Board of Alachua County Vice Chair Tina Certain, sent a letter on Monday to the Florida Education Commissioner stating that her controversial Facebook comment on the late Charlie Kirk is protected by the First Amendment.
Kirk, a conservative activist and founder of Turning Point USA, was shot and killed on Sept. 10 while speaking at an event on the campus of Utah Valley University in Orem, Utah.
In the days following his death, prayer vigils were held throughout the country to honor Kirk, including on college campuses like the University of Florida. Additionally, thousands of people also attended a memorial service for Kirk on Sept. 21 at State Farm Stadium in Glendale, Arizona.
Certain referenced the service in her comment, which she made on her personal Facebook account.
“I didn’t watch any of that Dump rally! I went to see an elder bcs the weight of it all…,” she posted, while also referring to Kirk as a “31-year-old uneducated white boy.
“He has a organization bcs a millionaire gave him money & connections to start it. To see the feds & state elevate him angers me,” she said.
State Board of Education members expressed concerns over Certain’s comment and the leadership ability of the SBAC at their Sept. 24 meeting.
Florida Education Commissioner Anastasios Kamoutsas paid a personal visit to the SBAC’s Oct. 7 meeting, where he voiced his displeasure over recent actions by the board, including Certain’s comment.
“Why are you not prioritizing your students,” he said to the board. “Instead, your public service is about yourself and your selfish acts.”
Edinger’s letter opposed Kamoutsas’s comments.
“There can be no question” that Certain’s “Facebook comments are fully protected by the First Amendment,” Edinger wrote. “While Ms. Certain’s comments may have struck a political nerve and offended the blogosphere, that is the nature of political speech. Communications of this kind lie at the very core of our First Amendment protections.”
Edinger further said that the Florida Department of Education (FDOE) “has no authority to adjudicate or enforce any findings regarding constitutional rights.”
“Constitutional issues of this kind are reserved to the Courts, and state agencies have no jurisdiction to consider them,” he wrote.
During the Sept. 24 state board meeting, Chair Ryan Petty told Kamoutsas that he would like Certain to come before the board at its next meeting on Thursday to answer some additional questions from members.
In the letter, Edinger said the state board “does not have the authority to compel” Certain’s attendance at Thursday’s meeting.
“The Board lacks the power to issue subpoenas and is not authorized by statute to conduct investigations or adjudicate offenses,” he wrote, adding that Certain will attend the meeting, “voluntarily to answer those questions which she deems prudent to address.”
Certain’s name is not listed on the agenda for Thursday’s state board meeting, which is being held at 9 a.m. at the Wakulla County School District (69 Arran Rd., Crawfordville).
However, the SBAC is listed as an “Updates” item.
Nick Anschultz is a Report for America corps member and writes about education for Mainstreet Daily News. This position is supported by local donations through the Community Catalyst for Local Journalism Fund at the Community Foundation of North Central Florida.