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Appeals court says LSU doesn't have to put law professor back in class before full hearing

Posted on 2/7/25 at 12:02 pm
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66684 posts
Posted on 2/7/25 at 12:02 pm
Any thoughts on this case?

quote:

BATON ROUGE - LSU can't be forced to put embattled LSU law professor Ken Levy back in the classroom without a full hearing on the evidence, the First Circuit Court of Appeal ruled Tuesday.

The LSU Board of Supervisors had asked the court Monday to review a 19th Judicial District ruling ordering the university to let him return to teaching.

The First Circuit decision said a temporary restraining order like the one issued by Judge Don Johnson in Levy's case that forces one party to do something "may not issue without a full evidentiary hearing."

Levy, who is tenured, was removed from his teaching position Jan. 22. The lawsuit Levy filed against the university said that in a class a few days earlier about police and public interactions, Levy said "F**k the governor" and "f**k that" while criticizing Governor Jeff Landry for publicly rebuking a law school colleague.

Jill Craft, who represents Levy in the suit, has said that if the profanity was the problem "then maybe somebody needs to explain to me how Brian Kelly is on TV using the 'f word' directed at students."

However, Attorney General Liz Murrill, said the free speech protections of the First Amendment don't prevent a school from control of or discipline related to a teacher's lectures.

Professors do not have "carte blanche to say whatever they wish, whenever they wish," Murrill said.

wbrz.com
Posted by CAD703X
Liberty Island
Member since Jul 2008
93346 posts
Posted on 2/7/25 at 12:05 pm to
threatening students with failing grades if they express support for the wrong political party is one thing.

just vomiting out his political views is another.

in the second case, let him back in the classroom.
This post was edited on 2/7/25 at 12:06 pm
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14814 posts
Posted on 2/7/25 at 12:08 pm to
just let him finish the class....


then next year assign him a 7:30 teaching class, then a 3:30 teaching class all in the oldest rooms in the law building.....and reassign his office to the old janitors closet......
Posted by Zach
Gizmonic Institute
Member since May 2005
117588 posts
Posted on 2/7/25 at 12:14 pm to
quote:

then maybe somebody needs to explain to me how Brian Kelly is on TV using the 'f word' directed at students."

Hmmm, what if Brian Kelly told the team in the locker room: 'Now go out there and kill 'em!" Could he be suspended for encouraging homicide?
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
88509 posts
Posted on 2/7/25 at 12:19 pm to
Yeah can’t really have a full opinion without knowing exactly what was said.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66684 posts
Posted on 2/7/25 at 12:27 pm to
quote:

Yeah can’t really have a full opinion without knowing exactly what was said.

From the article linked in the OP:

quote:

Levy, who is tenured, was removed from his teaching position Jan. 22. The lawsuit Levy filed against the university said that in a class a few days earlier about police and public interactions, Levy said "F**k the governor" and "f**k that" while criticizing Governor Jeff Landry for publicly rebuking a law school colleague.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
88509 posts
Posted on 2/7/25 at 12:30 pm to
if that’s ALL he said, then it should be an open and shut case for the professor.
Posted by el Gaucho
He/They
Member since Dec 2010
59187 posts
Posted on 2/7/25 at 12:34 pm to
Can’t wait to see this guy at the Angola rodeo this fall
Posted by Houstiger
Houston
Member since Aug 2007
503 posts
Posted on 2/7/25 at 12:36 pm to
The professor sounds like an idiot, but "frick the President" and "frick the Governor" should be protected free speech.
Posted by TigerNlc
Chocolate City
Member since Jun 2006
33195 posts
Posted on 2/7/25 at 12:42 pm to
quote:

"frick the President" and "frick the Governor" should be protected free speech.

Was he arrested?
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66684 posts
Posted on 2/7/25 at 12:42 pm to
quote:

The professor sounds like an idiot, but "frick the President" and "frick the Governor" should be protected free speech.

Under normal circumstances, I agree. But the issue seems to be that he is a teacher at a public (ie taxpayer funded) institution and therefore has a code of conduct to follow. I don't believe this is a pure free speech case.
Posted by extremetigerfanatic
Member since Oct 2003
5999 posts
Posted on 2/7/25 at 12:48 pm to
The problem wasn’t use of the f word and Jill craft knows that.

The problem was what he said later saying “the governors opinion isn’t what you need to know. my opinion is what you need to know.”

Implying you students better understand and get with my opinion politically if you want to do well in my class.

He didn’t say it outright. But the students complaining said it was obvious from the context and also he was recorded. So we will find out the context when the video comes out.


He also stated he could have kids reprimanded in some way if they don’t stop recording. So he threatened them.
That in itself might be enough to keep him out of the classroom.
This post was edited on 2/7/25 at 12:51 pm
Posted by ABearsFanNMS
Formerly of tLandmass now in Texas
Member since Oct 2014
20205 posts
Posted on 2/7/25 at 12:51 pm to
quote:

The professor sounds like an idiot, but "frick the President" and "frick the Governor" should be protected free speech.


In theory as a private citizen yes. But LSU is a state facility & thus the Governor is his ultimate boss. If I said frick my CEO in public in the course of my job I think they could actually fire me.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66684 posts
Posted on 2/7/25 at 12:52 pm to
quote:


Governor Jeff Landry
@LAGovJeffLandry

To my fellow citizens, is this the type of language and attitude you expect your tax dollars to pay for?

No judge would tolerate this conduct in their courtroom or any legal professional setting. It should not be tolerated at our taxpayer funded universities either.

Quotes from Professor Levy at LSU:

On President Trump: “I couldn’t believe that f****r won… those of you who like him, I don’t give a s**t.”

Threatening students recording his comments: “You’re not allowed to record me…If you do, I can put you in jail.”

On the work of our Administration: “…like f**k the Governor.”

On students who may have concerns about his comments: “You’re already getting ready to say your evaluations I don’t need his political commentary. No, you need my political commentary. You above all others need my political commentary.”
Posted by timdonaghyswhistle
Member since Jul 2018
21068 posts
Posted on 2/7/25 at 12:53 pm to
quote:

The professor sounds like an idiot, but "frick the President" and "frick the Governor" should be protected free speech.


He wasn't standing in the town square. He was power playing a captive audience.
Posted by Houstiger
Houston
Member since Aug 2007
503 posts
Posted on 2/7/25 at 12:56 pm to
You think that's the standard?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87396 posts
Posted on 2/7/25 at 12:58 pm to
quote:

Any thoughts on this case?

He should be gone permanently.
Posted by omegaman66
greenwell springs
Member since Oct 2007
27189 posts
Posted on 2/7/25 at 1:01 pm to
I don't know shite about this professor or his political beliefs. If he/she/it threatened students with discriminations based on their beliefs being different than his then it sounds like everyone is barking up the wrong tree. He should be fired.

How is it ok for a professor to say I will give you a C instead of an A basically based on anything other than you school work?

This case sounds to me like it doesn't have a single thing to do with free speech. Or shouldn't.
Posted by RPC4LSU
Thibodaux, LA
Member since Jan 2006
2059 posts
Posted on 2/7/25 at 1:10 pm to
THE FIRST AMENDMENT IN EDUCATION: MAY FACULTY
AT PUBLIC SCHOOLS BE DISCIPLINED FOR POLITICAL HATE SPEECH?
Ken M. Levy®

The question I address in this Article is whether these consequences are constitutional at public schools. Whose right is stronger— a public-school teacher's First Amendment right to express pro-Trumpist sentiments or a public school's right to maintain a fair, inclusive, and welcoming learning environment? I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment.
Posted by Zach
Gizmonic Institute
Member since May 2005
117588 posts
Posted on 2/7/25 at 1:46 pm to
quote:

Yeah can’t really have a full opinion without knowing exactly what was said.

I think it's more about context considering the job. A football coach's job includes getting his players psyched up. It's adrenaline flow. Term's like 'frick' and 'kill' are normal in that setting. A classroom professor is in a totally different setting. He's trying to teach kids about his subject. So, unless his subject is 'The Evolution of Profanity in American Culture' then it's not appropriate to use profane language.
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