LSU law professor sidelined for political speech sues university

Yahoo

29-01-2025

The sun shines on the LSU Law Center on Monday, March 20, 2023, on Highland Road in Baton Rouge, La.
A tenured LSU law professor removed from his classes pending an investigation into alleged political comments is suing the university, saying it violated his First Amendment rights and its own policies.
Ken Levy, a professor of constitutional and criminal law, alleges he was removed from his classes earlier this month after political comments made on the first day of his Administration of Criminal Justice course were reported to Gov. Jeff Landry, which he believes led to calls to the university administration about his comments.
In his affidavit, Levy says that he brought up Landry's comments regarding fellow law professor Nick Bryner and asked his students not to record his lectures because he didn't want to be targeted by Landry.
'If Governor Landry were to retaliate against me, then f*** the governor and f*** that. — all of which was a joke and clearly said in a joking manner to highlight my no recording policy in class and the First Amendment,' Levy wrote in the affadavit.
Landry called on LSU to discipline Bryner last year for his comments about President Trump the day after the presidential election.
Levy argues in the affidavit that the actions taken against him stifle not only his right to free speech and academic freedom but that of other faculty members.
Landry spokeswoman Kate Kelly referred questions to LSU. University spokesman Todd Woodward has not yet responded to a request for comment.
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Levy is asking a judge to grant a temporary restraining order that would allow him to return to teaching as well as an order prohibiting LSU from taking further action against him.
In the suit, Levy also alleges LSU also violated its own policies regarding the punishment of a tenured professor.
Tenure provides an indefinite academic appointment to qualifying faculty members who have demonstrated excellence in their field. Academics with tenure can only be terminated for cause, but it typically only happens in extreme circumstances. College faculty view tenure as a key part of academic freedom at universities and a shield against political, corporate and religious intervention.
Levy attached a letter in his suit from LSU Director of Employee Relations Lindsay Madatic that informs Levy of his removal from the classroom 'pending an investigation into student complaints of inappropriate statements.' Madatic writes his compensation will remain unchanged and that he is permitted on campus.
Jill Craft, Levy's attorney, argues Madatic does not have the authority to discipline him.
In her request for a temporary restraining order, Craft said that LSU does not have a policy that allows for relieving a tenured professor of his or her duties.
LSU has several policy statements and permanent memorandum that address disciplining a tenured faculty member. These policies call for several layers of review, all of which require peer review panels. None of this happened before Levy was removed from his classes, which Levy and Craft contend is a form of discipline.
'No matter how characterized by LSU, its actions in unilaterally relieving [Levy] of his teaching duties violate his substantive and procedural rights,' Craft wrote.
Faculty Senate President Dan Tirone said the only time he was familiar with a professor being removed from the classroom pending an investigation involved Title IX allegations or other types of abuse. In those cases, the professor would also be prevented from accessing campus due to safety concerns.
The removal of Levy from the classroom led to significant backlash from the public and from LSU law students, who staged a protest Tuesday in his defense. The students delivered a petition to university general counsel Winston DeCuir calling for Levy to be reinstated, apologized to and for complete transparency into the disciplinary process.
At a Faculty Senate meeting Wednesday, Tirone advised faculty concerned about the incident to treat their classrooms like public forums. Although there are university and classroom policies prohibiting the recording of lectures, Tirone said these will not insulate professors from the consequences that can occur when students leak their remarks.
Tirone added that the Faculty Senate would continue to defend statements covered by academic freedom even if they are political or contentious.
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