Law Professors
Law prof who used F-word while criticizing political leaders can’t be reinstated immediately, appeals court says
A state appeals court stepped in after a judge in Baton Rouge, Louisiana, issued a temporary restraining order that required Louisiana State University to reinstate a law professor to teaching following his suspension for “inappropriate statements” in the classroom. (Photo from Shutterstock)
Updated: A state appeals court stepped in after a judge in Baton Rouge, Louisiana, issued a temporary restraining order that required Louisiana State University to reinstate a law professor to teaching following his suspension for “inappropriate statements” in the classroom.
Judge Donald R. Johnson of the 19th Judicial District Court in Louisiana ordered professor Ken M. Levy’s temporary reinstatement Jan. 30 and set a Feb. 10 hearing to consider the professor’s request for an injunction. The TRO said the university can’t take action against Levy, for now, on account of free speech and due process protections under the state and federal constitutions.
Louisiana’s First Circuit Court of Appeal vacated part of the TRO in a Feb. 4 order, report the Advocate and WAFB via Above the Law. The appeals court said Johnson should not have ordered Levy back into the classroom without a full evidentiary hearing. Still intact is another part of the TRO barring Louisiana State University from interfering with Levy’s employment based on expression that is constitutionally protected.
The Louisiana Luminator, NOLA.com and WAFB (here and here) had coverage of the TRO noted by Above the Law and the Volokh Conspiracy. Law.com has a report on the resignation of Louisiana State University general counsel Winston DeCuir Jr., who was the first Black lawyer to serve in that role for Louisiana State University. DeCuir resigned days after Levy’s suspension.
Levy had used the F-word while criticizing President Donald Trump and Louisiana Gov. Jeff Landry. The university told Levy that he was suspended “pending an investigation into student complaints of inappropriate statements made in your class,” according to a Jan. 17 letter cited by NOLA.com.
In a court filing, the university said it was investigating “inappropriate, vulgar and potentially harassing conduct in the classroom,” WAFB reported. The university said it removed Levy after hearing a recording of a classroom lecture.
WAFB obtained a tape of Levy’s statements, made during an introductory lecture to his criminal law class. He spoke after asking students not to record his lectures because he didn’t want to get in trouble with the governor as another law professor did for classroom comments. Here are some of his comments:
• “I frankly, like, forward my s- – – to the governor, like I generally don’t have a problem; I would love to become a national celebrity based on what I said in this class, like f- – – the governor.” Levy said. “But taken out of context, I might seem like a bit of an a- -hole.”
• “You probably heard I’m a big lefty; OK, I’m a big Democrat, um, I’ve been devastated by, I couldn’t believe that f- – -er won. Um, and those of you who like him, I don’t give a s- – -, you can have, 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.”
A court filing said Levy’s comments about Landry were made in a joking manner, and his comments about Trump were his “rather colorful opinion,” NOLA.com reported.
Johnson denied motions by Louisiana State University for a stay or dissolution of the temporary restraining order, according to WAFB.
The university said in a statement cited by NOLA.com it was committed “to upholding academic freedom while maintaining a respectful and professional learning environment.”
Faculty members should respect the views of others, the statement said. And academic freedom doesn’t give professors the freedom to use the classroom “as a platform for personal grievances,” the university said.
Updated Feb. 5 at 8:40 a.m. to report on the Louisiana appeals court’s decision.
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