Were lecturer’s Kirk remarks protected, illegally recorded? Fresno State, union won’t talk
Fresno State lecturer Barri Brennan, on paid leave over caustic comments about the fatal shooting of conservative activist Charlie Kirk, would often begin classes with an impromptu discussion.
According to a student in her class, Wednesday last week was no different. The shooting of Kirk on a Utah campus was the major event of the day. Someone recorded Brennan saying in the classroom, it’s “too bad he’s not dead,” commenting before Kirk’s death was confirmed.
The student in the class that morning talked to The Bee but requested anonymity and that his voice not be recorded. The student said he did not know who brought up the shooting for discussion, or who was recording Brennan as she spoke.
“Everything in the video, that’s what happened. … It just happened,” he said.
Neither the university nor the union representing Brennan would discuss the case this week with The Fresno Bee. It’s unclear what university rules Brennan might have violated with her comment, how long the investigation might take, whether Brennan’s speech might be considered protected, or how and by whom the recording was made and whether that act violated a state law or university conduct rule.
On the social post, Brennan is recorded saying: “You want to know what I think? It’s too bad he’s not dead. Gonna put my political views right out there. And that’s exactly what I thought. He’s just shot? I was like, he’s not dead? I don’t even know who he is. Just a description of him. Don’t care.”
After the post, the university launched an investigation and placed Brennan on paid leave. Brennan teaches communications classes in the university’s College of Arts and Humanities. She has not responded to a request for comment.
She was one of many educators fired or otherwise sanctioned in the region and across the nation for insensitive or politically charged comments about Kirk’s shooting and violent death.
The university covered her classes with a substitute instructor, and on Thursday would not comment or offer an update about the investigation by its faculty affairs department.
As part-time faculty, Brennan is represented by the California Faculty Association. The lecturer, who is under contract through May 31, 2027, is paid $33,918 to teach five classes per semester, according to the contract, which was obtained by The Bee through a public records request.
A union official declined to comment about her suspension.
According to Article 17 of the collective bargaining agreement between the California State University and the CFA, “When the (university) President determines that there exists strong and compelling evidence, the President may temporarily suspend with pay a faculty unit employee for reasons related to (a) the safety of persons or property, (b) the disruption of programs and/or operations, or ( c ) investigation for formal notice of disciplinary action.”
It’s unclear if the university is investigating the person who recorded Brennan, who may have violated state law, the student conduct code or the university’s policies on course syllabi and grading.
According to university policy, faculty “Should make it clear if you allow the use of audio/video recording of course lectures and the general guidelines for usage of electronic devices. (Federal and state laws on student disability supersede class policy on access to lecture/material). Also, if you allow recordings of course lectures, you need to make it clear that they are not to be shared with individuals who are not officially registered for the course and that they should be destroyed at the end of the semester.”
This story was originally published September 19, 2025 at 11:13 AM.
