ALJ Recommends Dismissing Administrative Charges Against Florida Teacher for Kirk-Related and Trump-Related Posts

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Volokh, E. (2026, September 28). ALJ Recommends Dismissing Administrative Charges Against Florida Teacher for Kirk-Related and Trump-Related Posts. Reason. https://reason.com/volokh/2026/09/28/alj-recommends-dismissing-administrative-charges-against-florida-teacher-for-kirk-related-and-trump-related-posts/

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Reason · collected 2026-09-28 · by Eugene Volokh

Quick Summary

Florida Administrative Law Judge Garnett W. Chisenhall recently recommended dismissing administrative charges against a Florida teacher, Jennifer McMath, for posts made on her personal Facebook account related to political events involving Charlie Kirk’s assassination and an image depicting E. Jean Carroll holding a severed head of former President Donald Trump. The judge found no evidence that these posts were shared during school-related activities or disrupted educational functions at Douglas Anderson School District, where McMath teaches.
Written by AI on 2026-09-28, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In a recent ruling by Florida Administrative Law Judge Garnett W. Chisenhall, Ms. McMath, a teacher at Douglas Anderson School in Florida, had administrative charges against her dismissed following posts on Facebook related to political figures. After the assassination of Charlie Kirk on September 10, 2025, Ms. McMath posted a message about karma and shared an image of author E. Jean Carroll holding what appeared to be the severed head of former President Donald Trump. The judge found no evidence that these posts disrupted school operations or affected students' education negatively. There were also no protests against Ms. McMath due to her social media activities, and it was confirmed that all postings occurred off school property and outside of school hours.

Written for “Teacher Social Media Case” on 2026-10-30, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Teacher Social Media Case
Education · 1 article(s) covering the same event.

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Claims extracted
63
sentences that state something as happening or true
Uncertain
5%
3 of 63 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Education
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-28 · how these are computed

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Reason · 1015 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
167 article(s) here · 1 carrying a prediction
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Open Thread
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Topics

Florida Office of Professional Practices the Florida Department of Education's the School District the United States

Subjects

McMath PERSON · 13× Kosac PERSON · 3× the School District ORG · 3× Donald Trump PERSON · 2× Jean Carroll PERSON · 2× Charlie Kirk PERSON · 1× Florida GPE · 1× Garnett W. Chisenhall PERSON · 1× Karma PERSON · 1× Mack PERSON · 1×

Narrative

Mr. Kosac found: (a) no evidence that the social media postings at issue disrupted operations at Douglas Anderson or anywhere else within the School District; (b) no students claiming that their education had been disrupted by Ms. McMath's postings; (c) no evidence of any protests against Ms. McMath; and (d) no evidence that the social media postings at issue were made via school property or during school hours…. The administrative law judge recommended that the charges against McMath be dismissed; an excerpt
framing: assertive · carried by 1 article(s) · first seen 2026-09-28
🔮 I mean, I could list off all kinds of examples, but we're not here for an art history lesson.

Claims (63 extracted, 3 hedged)

After the assassination of Charlie Kirk, a well-known political activist, on September 10, 2025, Ms. McMath wrote the following message on her Facebook account, "Karma's a bitch—and she heard all your speeches when you proudly proclaimed that you didn't give a shit about other people's lives." asserted
you → know → lives
She also shared an image of the author, E. Jean Carroll, holding the severed head of Donald Trump, the President of the United States. asserted
author → share → States
With regard to her posting about karma, Ms. McMath asserts she was not celebrating Mr. Kirk's assassination: "There was nothing to celebrate that day. asserted
she → assert → assassination
I felt, and the language in my post reflects that it was a dark moment. asserted
it → feel → post
And it was a moment also filled with a lot of complexity. asserted
it → fill → complexity
And so I was not celebrating, and the language in that post and the intention behind that post was not celebratory." asserted
language → celebrate → post
As for the image of Ms. Carroll holding President Trump's severed head. asserted
Carroll → hold → head
Ms. McMath asserts the image has symbolic significance: asserted
image → assert → significance
So it's an image by a political cartoonist that I follow and appreciate. asserted
I → follow → that
It's an image of Jean Carroll holding the severed head of Donald Trump. asserted
Carroll → hold → Trump
He put it out—he made that drawing, the artist, on the day that Jean Carroll received justice within the judicial system for her lawsuit against the President on allegations of rape and sexual assault. asserted
Carroll → put → rape
It also was an image that I found compelling because it's a symbolic image. asserted
it → find → ?
It's not an image where the artist or me are saying that somebody needs to go out and cut somebody's head off. asserted
somebody → say → head
It's an image that actually falls in a long history of images of survivorship that go back to the Middle Ages from Judith and Holofernes. asserted
that → fall → Judith
I mean, I could list off all kinds of examples, but we're not here for an art history lesson. uncertain
we → mean → lesson
And so it's a symbolic image that is about women who have been abused overcoming their abuser. asserted
who → abuse → abuser
There is no evidence that Ms. McMath's posts were made during any school-related function or through the use of school-owned property. asserted
posts → be → property
There is no indication within the posts that Ms. McMath was speaking on behalf of Douglas Anderson or the School District. asserted
McMath → be → Anderson
There is no evidence that the posts were associated with her duties as an educator employed by the School District…. asserted
posts → be → District
Mr. Kosac [Chief of the Florida Department of Education's Office of Professional Practices] spoke to about ten of Ms. McMath's students, and none of them stated that they had seen any of her social media posts. asserted
they → speak → posts
Mr. Kosac found: (a) no evidence that the social media postings at issue disrupted operations at Douglas Anderson or anywhere else within the School District; (b) no students claiming that their education had been disrupted by Ms. McMath's postings; (c) no evidence of any protests against Ms. McMath; and (d) no evidence that the social media postings at issue were made via school property or during school hours…. The administrative law judge recommended that the charges against McMath be dismissed; an excerpt asserted
charges → find → McMath
The analysis of Count I turns on whether Ms. McMath's social media postings rise to the level of "gross immorality" within the meaning of Rule 6A-10.083(1), and any reasonable analysis shows a lack of clear and convincing evidence to support Count I. asserted
analysis → turn → Count
For instance, with regard to subsection (1) of the Rule, there is no competent, substantial evidence to support a finding Ms. McMath's conduct brought her or the education profession into public disgrace or disrespect. asserted
conduct → be → disgrace
As noted above, Mr. Bennett [a School District Office of Professional Standards investigator] and Mr. Kosac fielded no complaints from School District students or employees. asserted
Bennett → note → students
There is also no competent, substantial evidence that the social media postings at issue impaired Ms. McMath's service in the community…. asserted
postings → be → community
As for subsection (4), the Commission argues that the factors of violence, deliberation, and the vulnerability of the affected audience, i.e., students, are present…. asserted
factors → argue → audience
[But] Subsection (4) identifies an "educator's use, attempted use or threatened use of violence" as being indicative of gross immorality. asserted
Subsection → identify → immorality
The social media postings did not reflect any use, attempted use, or threatened use of violence by Ms. McMath. asserted
postings → reflect → McMath
Also, the Commissioner has not argued that Ms. McMath's post was a legitimate threat to sever President Trump's head. asserted
post → argue → head
Subsection (4) identifies "[t]he educator's deliberation, premeditation, or contemplation of an act" as being indicative of gross immorality. asserted
Subsection → identify → immorality
The social media postings did not reflect any deliberation, premeditation, or contemplation of any act by Ms. McMath. asserted
postings → reflect → McMath
Finally, Ms. McMath persuasively testified that students were not her intended audience…. asserted
students → testify → ?
In Count II, the Commissioner alleges that Ms. McMath violated section 1012.795(1)(g) which provides that the Commission may revoke a person's educator certificate if that person "has been found guilty of personal conduct that seriously reduces that person's effectiveness as an employee of the district school board." … uncertain
that → allege → board
[But t]here is no evidence that the social media postings at issue seriously reduced Ms. McMath's effectiveness as a School District employee. asserted
postings → reduce → employee
While the School District reassigned her to a position that included no teaching duties, the Record lacks any persuasive explanation for why the School District took that action. asserted
District → reassign → action
In fact, Principal Feagins would like to have Ms. McMath "back." asserted
Feagins → like → McMath
There is also no persuasive evidence to support the Commission's assertion that Ms. McMath cannot teach students. asserted
McMath → be → students
On the contrary, the evidence conclusively demonstrates that she is still capable of being an effective classroom teacher. asserted
she → demonstrate → contrary
As noted above, Mr. Bennett's investigation found no teacher, administrator, or student within the School District who complained about Ms. McMath. asserted
who → note → McMath
Also, Mr. Kosac found no students claiming that Ms. McMath's social media postings disrupted their education…. asserted
postings → find → education
…and 23 more, not listed.
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