An Austin Peay State University theater professor, fired over a social media post about Charlie Kirk but later reinstated, has sued U.S. Sen. Marsha Blackburn, accusing the GOP gubernatorial candidate of using her “governmental authority” to suppress his constitutionally protected speech.
Darren Michael filed Aug. 7 in U.S. District Court for the Middle District of Tennessee. The filing came the day after Blackburn won the Tennessee Republican primary.
"We have not even been served with this lawsuit, although the plaintiff apparently decided to try it in the media first," said Blackburn spokesperson Abigail Sigler. "Based on what we have seen, it is a meritless attempt to punish Senator Blackburn and others for criticizing outrageous public statements
concerning political violence and the murder of a husband, father, and patriot. The criticism of those public statements is protected speech, not defamation."
Kirk was fatally shot during an event at Utah Valley University in Orem, Utah on Sept. 10, 2025. Tyler Robinson has been charged with aggravated murder.
Michael on social media shared an article about Kirk, who spoke about gun rights after The Covenant School shooting that took the lives of three students and three adults on March 27, 2023.
"I think it's worth it," Kirk said responding to a question at a Turning Point USA Faith event April 5, 2023 in Salt Lake City, Utah. "I think it's worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God-given rights."
Michael's post didn't include any other comments. Blackburn shared the post on X and wrote, "What do you say, @austinpeay?"
Austin Peay announced on Sept. 12, 2025that Michael had been fired for social media comments deemed “insensitive, disrespectful and interpreted by many as propagating justification for unlawful death.”
The following month, the school walked back his termination, saying he had instead been suspended and that administration had begun the process of terminating him. On Dec. 31, 2025, an Austin Peay spokesperson said Michael had been fully reinstated to his position as a tenured professor.
A professor for 19 years, Michael reached a settlement with Austin Peay in January. His lawyer confirmed to The Tennessean that Michael was ordered to receive $500,000 as part of the settlement.
Michael's lawsuit alleges Blackburn "engaged in a calculated campaign to punish (Michael) for expression she and the government disfavored by threatening adverse action against his employer and creating a system of prior restraint that chilled (Michael's) exercise of First Amendment rights."
It alleges Blackburn "crossed" into "impermissible coercion" through "public statements, private correspondence and private meetings" as well as "explicit and implicit threats" of sanctions and enforcement proceedings towards the university unless the school fired Michael.
In addition to tagging the university in the social media post from her government account about Michael, Blackburn also shared a screenshot of Michael's face and contact information, according to the lawsuit.
The lawsuit said Austin Peay administration said the school was "under external pressure, including coercive pressure from Blackburn" to take action against Michael and by "government actors who have direct influence over funding for APSU."
Michael was fired "without prior notice, without a hearing and without opportunity to respond to charges," and he and his family had to move after the university provided his home address to at least one news outlet, the lawsuit said.
The lawsuit claims Blackburn's actions were "outside the legislative process" and "violated clearly established constitutional rights." It asks that they be deemed a violation of Michael's First and Fourteenth Amendment rights; that she be blocked from any future retaliation against Michael; and that he be awarded various damaged to cover loss of wages, counseling and more.
At least seven Tennessee lawsuits have resulted from Kirk-related firings or other legal actions, costing Tennessee taxpayers more than $3.2 million in settlements and back pay. That's more than any other state, according to public records.
Several cases are still making their way through the courts.
The First Amendment largely protects professors' speech rights on matters of "political, social, or other concern to the community," even if the professor works at a public university that receives taxpayer funds.
Michael's case is the second lawsuit Blackburn is named in, though it's the first to name her as a defendant.
Former Middle Tennessee State University dean Laura Sosh-Lightsy was fired on Sept. 10, 2025, an hour after Blackburn tagged the college in a social media post about comments Sosh-Lightsy made the evening of Kirk's death.
In a statement at the time, MTSU President Sidney McPhee called the comments “inconsistent with our values and have undermined the university’s credibility and reputation with our students, faculty, staff and the community at large."
Sosh-Lightsy has sued the school, accusing Blackburn of using her "position to pressure MTSU to retaliate" against her. That lawsuit remains ongoing.
The USA TODAY Network - The South region's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, or follow her on X at @angele_latham
This article originally appeared on Nashville Tennessean: Austin Peay prof fired over Charlie Kirk post sues Marsha Blackburn
