Thursday, September 22, 2016

Should Law Professor Be Fired? You Judge!

University of Tennessee law professor Glenn Reynolds urged motorists in this tweet to drive over protesters blocking a Charlotte-area highway in North Carolina. “Run them down,” said Reynolds, who also produces the Instapundit website and writes for USA Today.
In my research article, "#Academic Freedom: Twitter and First Amendment Rights for Professors,” Notre Dame Law Review, I concluded: “Is every tweet from a professor protected as a form of academic freedom by the First Amendment? In the wake of Waters and Garcetti, colleges and universities have won most First Amendment cases involving disruptive faculty speech.  This strong trend implies that tweets that disrupt a school’s mission or operations are not protected by the First Amendment.” My article is here: Click here to see my article (it's very short, just like tweets).
Prof. Reynolds—similar to Prof. Salaita—would argue that his speech was political and metaphorical. UT, like UIUC, would argue that these tweets “disrupt” its mission to provide a safe and tolerant community. The disruption concept appears in two Supreme Court cases on free speech for public employees. 
A federal district court did not accept UIUC’s argument. I predicted the opposite outcome, and I was wrong, because my research showed: “Eighteen court opinions ruled in favor of schools in the course of discussing disruptive faculty speech. In losing these cases, faculty invoked the First Amendment to justify discussions of personal details about their sex life, inappropriate advances,  wanton vulgarity, and required reading about their sexual arousal.  Other losing cases involved faculty whose speech was confrontational, degrading, or conducive to an atmosphere of tension (emphasis added to indicate how I classify the Salaita/Reynolds Twitter rants).”

I have a proven track record for wrong predictions—now, it’s your turn! (Thanks to Alan for the lead on this.

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