Texas Tech Law Student Can’t Nullify Kirk Death Remark Censure

A Texas Tech University law student, reported to the state bar by the school for allegedly celebrating Charlie Kirk’s assassination, may be entitled to monetary damages but not cancellation of her disciplinary record, a federal judge said.

Ellen Fisher’s First Amendment challenge fails because Dean Jack Nowlin had already notified the State Bar of Texas of her reprimand at the time she filed suit, Judge Brantley Starr of the US District Court for the Northern District of Texas ruled.

Fisher’s requested relief, Starr said, is largely limited to actions that have yet to occur under a narrow exception to government immunity that provides no means to undo past actions.

“There is no future or ongoing action by the defendants to enjoin,” Starr wrote in a Tuesday opinion, adding that there’s no indication the school will prevent Fisher from graduating and, even if it did, she isn’t seeking relief to stop it from trying.

Fisher, nearing graduation as a third-year law student, received a written letter of reprimand for what Texas Tech says was an honor code violation for celebrating the conservative political activist’s murder on the day of his shooting last September.

Kirk’s killing, allegedly by a then-22-year-old Tyler Robinson, touched off a spate of condemnation for those perceived to have cheered his demise—including attorneys, entertainers, and public employees—followed by lawsuits filed by some of those punished for espousing such views.

According to Fisher’s suit, some witnesses alleged she used profanity to describe Kirk and commented, “I’m in the best mood ever” and “They got him ... this is great.” Other witnesses said they didn’t hear her celebrate his death.

She might still have a case, Starr said, by asserting civil rights violations and seeking monetary damages against individual university defendants who participated in her disciplinary finding.

Fisher is represented by Mansfield & Mansfield PC and Allen Harris PLLC.

Texas Tech is represented by the Texas Attorney General’s office.

The case is Fisher v. Campbell, N.D. Tex., No. 5:26-cv-00073-X, 5/12/26.