Rationale:

On September 17, 2025, Ball State University terminated an employee for a statement she made in a private, friends-only Facebook post. This action appears to be in conflict with Ball State’s stated policies and procedures and has left faculty and staff uncertain of how to properly comport themselves as educators, employees, and citizens. The BSU Freedom of Expression Statement states that the “University guarantees all members of the University community—including students, faculty, staff, and visitors—the broadest possible latitude to speak, write, listen, challenge, and learn.” It is true that freedom of speech does not equal freedom from consequences. However, it does not appear that “the broadest possible latitude” was given in Ball State University leadership’s recent decision to terminate a BSU employee for private social media activity. 

As emphasized in the BSU Freedom of Expression Statement, a flourishing marketplace of ideas requires the safeguarding of the freedom to share opinions and ideas that others in our pluralistic society may find disagreeable or offensive. Public figures who were heavily involved in politics will evoke many diverse opinions about their actions and legacy, and falsely equating negative opinions with celebrating violence or other exceptions to First Amendment protections chills speech, creating an environment where ideas can no longer be exchanged out of fear that one’s livelihood or wellbeing will be threatened should enough influential people disagree. When political figures like Indiana Attorney General Todd Rokita use their political office to decry expressions of private opinion, and BSU leadership in turn decides to capitulate rather than abide by its own policies and procedures, this also chills speech, as people fear becoming targets of politically-motivated harassment and employees are left with fundamental distrust that their own university’s policies will be followed. 

If BSU leadership decides to regularly cast aside its own policies when it considers such action to be politically expedient, this will be to the extreme detriment of employee morale and trust. It will also undermine the ability of the University to function when employees can no longer trust basic University policies and statements. This resolution therefore seeks a reaffirmation of Ball State University’s commitments to its own policies and procedures, especially when outside forces pressure the administration to violate these policies.

Resolution:

WHEREAS Ball State University affirms a commitment to “free and open inquiry in all matters” in its Freedom of Expression Statement, recognizing that “ideas of different members of the University community will often and quite naturally conflict;”and,

WHEREAS Sections 1.2 and 1.3 of the Freedom of Expression Statement are directly applicable to recent events:

It is not the proper role of our University, however, to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Our University greatly values civility…but concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, irrespective of how offensive or disagreeable those ideas may be to some members of our community.

…Our University may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the University…these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with our University’s commitment to a completely free and open discussion of ideas; and,

WHEREAS Section 1.6 of the Freedom of Expression Policy, added after implementation of Indiana’s SEA 202/PL 113, goes on to clarify that nothing in the statement is meant to restrict private activities, and that university personnel expressing personal opinions should avoid appearance of making statements on behalf of the university by avoiding the use of Ball State logos or other identifying marks; and,

WHEREAS Rather than upholding its own policy and values, Ball State University has instead capitulated to public and even political targeting of at least one BSU employee, deviating from §1.7 of the Freedom of Expression Policy, which states:

While Ball State is committed to each individual’s right to speak, the University itself does not typically take a public stance on political, moral, or ideological issues. Our University takes positions on such issues only when they affect our core mission or our commitment to free inquiry, free expression, and intellectual diversity long serving as the bedrock foundation of higher education and the pursuit of knowledge; and,

WHEREAS the lack of clarity about when and how policies may be applied in a fraught political environment leaves employees of the university uncertain about if what they say in the classroom, in public venues outside of their role at Ball State, or even in private among friends may be used against them by Ball State University; and,

WHEREAS such a culture of uncertainty and fear inhibits the ability of employees, especially those with a public-facing or teaching role, from doing their jobs effectively and inhibits them from feeling free to fully participate in civic discourse in a democratic society; 

BE IT RESOLVED THAT the Ball State University Faculty Council condemns the termination of Suzanne Swierc for statements made on a private, friends-only Facebook account that had no reference to her employment at Ball State University; and,

BE IT RESOLVED THAT the Ball State University Faculty Council joins Ball State’s American Association of University Professors (AAUP) chapter in endorsing its Public Statement on Freedom of Expression; and,

BE IT RESOLVED THAT Faculty Council leadership will publicize its adoption of this statement to appropriate local, state and national media; and,

BE IT RESOLVED THAT the Faculty Council requests that Geoffrey Mearns, President of Ball State University, reaffirms the University’s commitment to our Freedom of Expression Statement and assures faculty and staff that they will not be targeted or penalized by the University administration for exercising their academic freedom or First Amendment rights.