Prof wins appeal against Louisville after arguing he was let go for conservative views on gender dysphoria
The court ruled that Louisville did not have jurisdiction over Allan Josephson’s speech outside his role as a professor.
Josephson’s attorney said that ‘The court’s decision affirms that basic truth.’
The 6th Circuit of the U.S. Court of Appeals recently ruled in favor of Allan Josephson, who argued that the University of Louisville had violated his First Amendment rights by harassing and firing him after he expressed conservative views on gender dysphoria.
In its official opinion, the court based its decision on the fact that Josephson had voiced his opinions on the subject at a non-school event, thereby nullifying the university’s alleged claim to have jurisdiction over Josephson’s expression.
“Viewing the evidence in the light most favorable to Josephson, as we must, Josephson has shown that he engaged in protected speech when he spoke as part of the Heritage Foundation panel,” the court said. “Defendants should have known that Josephson’s speech was protected and that retaliating against Josephson for his speech would violate his First Amendment rights.”
The opinion also noted that even if Josephson’s speech were considered a part of his job, “it was clearly established that such speech is protected,” citing a previous decision which ruled that “[A] professor’s rights to academic freedom and freedom of expression are paramount in the academic setting.”
Alliance Defending Freedom (ADF) Senior Counsel Travis Barham lauded the court’s decision, stressing that colleges and universities must refrain from sanctioning faculty members who express differing views.
“Public universities have no business punishing professors simply because they hold different views than a few colleagues or administrators,” Barham said in a press release. “The court’s decision affirms that basic truth.”
Barham, who argued Josephson’s case in court, went on to criticize the legal rationale employed by Louisville’s counsel, noting its apparent failure to properly distinguish between Josephson’s professional and personal means of expression.
“On his own time, [Josephson] spoke about treatments for children struggling with their sex, and the University punished him for expressing his opinion. That’s exactly what the First Amendment prohibits, and when public universities disregard our nation’s highest law, they must be held accountable,” Barham stated. “We look forward to continuing to protect Dr. Josephson’s clearly established right to free speech and reminding all public universities that they are marketplaces of ideas.”
Campus Reform has reached out to Allan Josephson and the University of Louisville for comment. This article will be updated accordingly.