The State of Iowa is being sued by an attorney who claims she was fired from the Office of the State Public Defender for online comments made in the wake of Charlie Kirk’s murder in September.
Maria Ruhtenberg, an attorney for the State Public Defender, is suing the State of Iowa and State Public Defender Jeff Wright in U.S. District Court for the Southern District of Iowa, alleging violations of her First Amendment right to free speech.
According to the lawsuit, Ruhtenberg, on her own time and using her own computer, posted a message on her private Facebook account about Kirk and engaged with other citizens on Facebook about Kirk’s political views.
In her posts, Ruhtenberg indicated her disagreement with the views Kirk had expressed about the Second Amendment and also indicated Kirk’s killer should go to prison.
On Sept. 15, according to the lawsuit, Ruhtenberg’s boss, Appellate Defender Martha Lucey, asked her to join a video conference with First Assistant Public Defender Kurt Swaim and Waterloo Public Defender Office Supervisor Aaron Hawbaker.
During the conference call, the lawsuit alleges, Swaim indicated someone had reported Ruhtenberg’s online comments and provided screenshots of some of her Facebook posts. About one hour after the conference call ended, according to the lawsuit, Lucey told Ruhtenberg she’d been fired and asked her to return all state-owned equipment to the office that afternoon.
According to the lawsuit, the letter Ruhtenberg was given notifying her of her termination stated that she was being fired due to statements posted on social media — particularly the comments, “Live by the sword, die by the sword,” and, “You reap what you sow,” which were drawn from the Bible.
The state “did not fire Maria for any reason other than her statements posted to social media,” the lawsuit alleges, adding that the online comments “did not impede the performance of her job duties,” damage relations with her coworkers, or cause turmoil within the office.
According to the lawsuit, Ruhtenberg appealed her termination through the Iowa Department of Inspections, Appeals and Licensing, which later issued an order finding the state had failed to prove its interests in the efficient provision of public services outweighed Ruhtenberg’s interests in privately commenting on a matter of public concern.
According to the lawsuit, DIAL ordered the Office of State Public Defender to immediately reinstate Ruhtenberg.
The lawsuit claims the public defender’s “retaliation against Maria was part of a broader attempt by the state to suppress and punish free speech on the issues surrounding Charlie Kirk and his death.” It notes that several conservative Iowa legislators and Republican Gov. Kim Reynolds openly called for public employees to be fired for comments that were critical of Kirk or his views.
“Such deliberate and intentional actions are repugnant to the First Amendment and echo the political repression of the age of McCarthyism, when manufactured lists of ‘subversives’ were used to destroy the lives and reputations of people based on their political views,” the lawsuit alleges.
Ruhtenberg’s lawsuit seeks unspecified damages for violations of freedom of speech through retaliation.
The state has yet to file a response to the lawsuit. The Iowa Attorney General’s Office said it does not comment on pending litigation.
In recent weeks, several other lawsuits have been filed by former Iowa public employees alleging they were fired for comments they made about Kirk.
Clark Kauffman is deputy editor of Iowa Capital Dispatch, where this story first appeared.
