The Martin County School Board filed a court challenge Thursday against Administrative Law Judge Jodi-Ann Vanessa Livingstone's recommendation to reinstate Matt Theobald, a social studies teacher at Spectrum Academy since 2009 who was suspended last year for Facebook comments about conservative activist Charlie Kirk. In the filing, the school board argued that "numerous findings ... are not based upon competent substantial evidence" and the board's attorney claims Theobald's Facebook post about Kirk was a "serious offense" that made his removal appropriate. Theobald's comments labeled Kirk as racist, misogynistic and a neo-Nazi.
In an order issued last month, Livingstone cited a recent Florida Fifth District Court of Appeal ruling that said disciplining a teacher for personal Facebook posts made off school grounds, on personal equipment, with no student involvement, violated the teacher's First Amendment rights. The judge also recommended Theobald be awarded back pay and benefits. According to an investigation report obtained by WPTV, Theobald admitted writing the comments about Kirk but said they were posted on his mother's private Facebook page "within a discussion among personal acquaintances" and were not intended for public view. The school board still has the final say on whether Theobald gets his job back, though it's unclear when a final decision will be made.