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California Teacher Sues School District, Alleging Free Speech Violation After Facebook Post About Charlie Kirk

California Teacher Sues School District, Alleging Free Speech Violation After Facebook Post About Charlie Kirk

Rachel McKagan, a veteran English and ESL teacher in the Las Virgenes Unified School District, has sued the district and school board alleging First Amendment violations after she was suspended for a private Facebook post about Charlie Kirk. She says she deleted the post about four hours after publishing it, but district leaders amplified the matter, leading to threats and her identification online. McKagan returned to the classroom on Nov. 10 after her attorney intervened; the suit names LVUSD, Superintendent Daniel Stepenosky, Board President Dallas Lawrence, four trustees and 50 John Does and seeks unspecified damages.

Rachel McKagan, a longtime English and ESL teacher in the Las Virgenes Unified School District (LVUSD), has filed a federal lawsuit alleging the district and its school board violated her First Amendment rights after she was suspended over a private Facebook post about conservative activist Charlie Kirk.

Allegations and Timeline

According to the complaint filed Friday in the U.S. District Court for the Central District of California, McKagan posted a comment on her personal Facebook account the day after Kirk was killed that described him as a "propaganda-spewing racist misogynist" and said he "got what he deserved." McKagan says she believed the post was visible only to friends and removed it roughly four hours later after a school principal contacted her.

Two days after she deleted the post, LVUSD placed McKagan on administrative leave and issued a public statement condemning the remarks. The district said the comments violated board policy, were "deeply offensive to the Board of Education," and that the employee had been placed on leave while the district conducted the legally required investigation and procedures to pursue termination.

Claims of Amplification and Unmasking

The lawsuit alleges that although the district's statement did not name McKagan, board members and other local officials reposted and promoted the statement across personal and community Facebook pages, massively amplifying attention to the matter. The complaint says this led to McKagan being identified online, receiving threats and having screenshots of her deleted post and photos circulate on social media. A local newspaper later named her.

Plaintiff's claim: McKagan says LVUSD "massively amplified" a post she had deleted and refused her requests to remove identifying information, which endangered her safety.

Alleged Irregularities in Board Action

The suit also recounts that McKagan received a screenshot showing a text exchange dated Sept. 14 — four days after Kirk's death — between board president Dallas Lawrence and a local activist indicating that "all five trustees" wanted to fire her and that the board "was 'meeting' about the matter." Her lawyers say no public agenda or legally required notice for such a meeting was posted.

Return To Work And Legal Action

McKagan was allowed to return to teaching on Nov. 10 after her attorney intervened. The lawsuit names LVUSD; Superintendent Daniel Stepenosky; Board President Dallas Lawrence; four additional trustees; and 50 John Does as defendants, and seeks unspecified damages.

From McKagan's attorney, David Ratner: "Both her coworkers and her students received her enthusiastically and were glad that she was back teaching. She does not regret posting her opinion about Mr. Kirk. She is, however, distressed that the school board, its president, and the school superintendent exhibited such disregard for her First Amendment rights for their own political purposes."

McKagan teaches at Mariposa Waldorf, a K–12 school in Agoura Hills, and has been with LVUSD for more than a decade. The complaint alleges the district did not bring formal charges or hold a hearing before placing her on leave. NBC News has contacted LVUSD, Superintendent Stepenosky and Board President Lawrence for comment.

What Happens Next

The federal lawsuit will proceed in the Central District of California. McKagan is seeking damages and a legal remedy for what she says were violations of her constitutional rights and procedures under law.

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