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.
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She has no business being in that position and doesnt know when to keep her personal racist opinions to herself. She should seek new employment somewhere else.
She can have all the free speech she wants but that doesn’t mean she’s fit to serve on the SBAC or that she didn’t violate the code of ethics that she agreed to when she became a member of the board. She certainly doesn’t seem to mind violating parents’ right to their free speech when they attend SBAC meetings.
Yes, she has the right to free speech, but there are always consequences to be paid. Why would anyone want someone displaying such hatred and bias anywhere near our youth or setting policies affecting them?
It is free speech, yet it is hate speech and hatefully black raciest are sending them back to the 50’s.I do understand my Mom’s family was share croppers, living in a shack working 7 days a week just to have food.
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If this is protected free speech ANTHING posted to social media should be viewed the same way, right?
she should not have authority over schools with all the hate she holds. It appears the comment was political & racist.
Her political views are always present at board meetings & the racism slips in too.
She thinks she’s untouchable. She’s been there too long & needs to step down but won’t. Too bad for the public schools.
No business having any say in children’s education
Attorney argues Tina Certain’s school board member Facebook racial under tone comment is protected free speech but is it really?
If the board shows the comment undermined her ability to fulfill her official role, caused a serious conflict, or violated board/ethics policy, then there is a plausible basis for discipline/removal under Florida law. Any 1st year law student could make this argument and the State of Florida knows how to make these arguments successful.
The sad part is your school tax dollars is defending the racial undertones that was said when this money could be spent on school services helping the community and children.
protected? She’ll find out