An attorney representing Katie Allen in her First Amendment lawsuit against the Kansas Department of Education said Monday that she still has a good case, despite a response from education commissioner Randy Watson that Allen had resigned voluntarily.

Allen, a USD 383 Manhattan-Ogden board of education member, filed a federal lawsuit against her former employer, the state education department, and Watson for “demanding” she resign after a Facebook post. She said it was a violation of her First Amendment right to free speech.

In September, Allen had commented “well deserved” in response to a Facebook post with a quote from political influencer Charlie Kirk following his killing.

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