This is good news, there should be more legal challenges to speech codes.

The FIRE blog reports.

Fired LSU Professor Files First Amendment Lawsuit Challenging Speech Code Championed by Feds

  • LSU claimed professor’s teaching methods violated sexual harassment policy that mirrors “blueprint” language proposed by U.S. Depts of Education, Justice
  • “LSU said I offended some people, called it sexual harassment, and fired me.”
  • Civil liberties advocates warned the policy threatened free speech on campus
  • Professor asks court to strike down LSU policy as unconstitutional, reverse firing

BATON ROUGE, La., January 21, 2016—Late yesterday, education professor Teresa Buchanan filed a federal civil rights lawsuit against the president of Louisiana State University (LSU) and other top administrators for violating her free speech and due process rights by firing her last year. The Foundation for Individual Rights in Education (FIRE) is sponsoring Buchanan’s lawsuit, the eleventh in FIRE’s undefeated national Stand Up For Speech Litigation Project.

Buchanan was fired for her alleged occasional use of profanity and sexual language in preparing her adult students to be effective teachers. LSU claimed Buchanan’s teaching methods violated its policy prohibiting “sexual harassment” of students, which defines sexual harassment as “unwelcome verbal, visual, or physical behavior of a sexual nature.” LSU’s policy mirrors the language of the sexual harassment definition propagated by the U.S. Departments of Education and Justice in 2013 as “a blueprint for colleges and universities throughout the country.” FIRE and other civil liberties advocates have warned this controversial language threatens the free speech and academic freedom rights of faculty and students. Buchanan’s lawsuit challenges the policy and its application to her.

“FIRE predicted that universities would silence and punish faculty by using the Department of Education’s unconstitutional definition of sexual harassment—and that’s exactly what happened at LSU,” said FIRE Director of Litigation Catherine Sevcenko. “Under this broad definition of sexual harassment, professors risk punishment for teaching or discussing sex-related material, be it Nabokov’s Lolita or the latest episode of The Bachelor. Now Teresa is fighting back to protect her rights and the rights of her colleagues.”


 
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