A Tennessee school teacher suspended over a Charlie Kirk post has won a victory in federal court after a judge ruled that her school district can no longer stop her from going to her daughter’s school or speaking with students and faculty.

Emily Orbison filed a complaint alleging that Williamson County Schools violated her First Amendment rights by retaliating against her for “expressing her political speech in her personal capacity.”

The school district suspended Orbison after she made a social media post following the Sept. 10 shooting death of conservative political commentator Charlie Kirk. The post on her private Instagram account included a quote from Kirk, stating that in order to preserve the Second Amendment, some gun deaths are “worth it” and “rational.”

Also included in the post were Orbison’s reflections on teaching amid constant threats of school shootings – including conversations with parents wanting their children to have their cell phones at school in case of a shooting as well as having to assess whether a student in the hallway is a threat in such situations.

She concluded her post by saying, “Don’t mourn his death. It’s just the price of doing business. Completely rational.”

Public pushback

Calls for her to be disciplined came quickly.

The conservative news site, The Federalist, published an article about her post, calling it “hateful” and claiming that Orbison mocked Kirk’s death.

A Williamson County School board member, Claire Reeves, reposted The Federalist article on her Facebook account and called Orbison’s post “deeply troubling” before adding, “Let me be clear: this matter will be taken seriously and addressed promptly,” the statement read. “Our students, families, and community deserve respect and professionalism from those entrusted to teach.”

Sen. Marsha Blackburn also took to the social media site, “X” calling for Orbison’s immediate firing.

Within days, Jason Golden, Superintendent of Williamson County Schools, sent Orbison a letter stating that she was suspended without pay while the district investigated if her actions violated the teacher code of ethics.

The suspension banned her from going on the campus of any Williamson County school, attending any school events or communicating with students and faculty without authorization.

Ban also applied to her role as a mother

The ban applied not only to her role as a teacher but as a mother as well. Orbison has a five-year-old daughter who is in kindergarten at a Williamson County school.

On Monday, Orbison filed a motion seeking a temporary restraining order and preliminary injunction that forces Williamson County Schools to end the prohibition. She said that she’s been forced to miss many events in the last few weeks, including a training for parent-reader volunteers, the school’s fall festival and her daughter’s first school book fair.

Furthermore, Orbison said that not being able to interact with her daughter’s school friends is stifling the kindergartener’s social life, causing her disappointment.

The court granted the motion after Williamson County Schools filed a response stating that they do not oppose Orbison going to her daughter’s school, contacting the kindergarten staff, participating in her daughter’s school events or contacting her classmates.

Orbison clarified in her original complaint that her social media post was a satirical critique of Kirk’s own beliefs about gun deaths and not meant to suggest that Kirk’s death was “rational.”