While professors at public institutions may enjoy the perks of publicly funded research, benefits, and associated accolades, many might argue that their academic freedom, their ability to instruct and form minds, is much more limited than their private school colleagues. But is this a myth, and is the idea of academic freedom actually different for academics at public institutions? The Eighth Circuit just weighed in on this issue.

Court Holds Professor Was Entitled to Make Public Comments About A Coworker's Defamation Litigation

Eyes have been on the Eighth Circuit as the Appeals Court was set to rule on a retaliation and defamation litigation that centered around a law professor's speech at the University of Iowa. The litigation stemmed from the professor's actions following a fellow employee's expert testimony in a 2016 labor case “concerning whether the company was unlawfully restricting employee's bathroom breaks."  Clearly not pleased with the testimony, the article goes on to say that the professor spoke out against his fellow employee in the media, made several verbal and written complaints about the employee, and even showed up to court during testimony wearing a shirt that read “People over Profits.” The employee sued the professor and advanced his argument that the professor was acting under the color of state law, given that he was a state government employee.

In January of 2023, however, the Eighth Circuit dismissed these arguments, holding that the law professor “did not act under the color of state law,” simply by remarking on matters of public concern. The court further addressed that while the public may place a high emphasis on a law professor's comments, the fact that the professor works for a public rather than a private institution does not, by itself, indicate that he is speaking for the state. For professors who may feel stifled by their employment at public institutions, this holding reinforces their right to academic freedom. Professors should not be too hasty, however, to let loose in the classroom as there is a keen difference between academic freedom and freedom of speech.

Academic Freedom Versus Freedom of Speech

Succinctly described, academic freedom is a right “held by educators to engage in academically-recognized expression.” Therefore, academic freedom exists where professors speak while engaged in the pursuit of their discipline and knowledge. On the other hand, freedom of speech is a much broader concept afforded to all citizens under the First Amendment. While professors and students alike enjoy a large degree of freedom of speech on campus, this speech can be limited if inappropriate for the educational environment. Although each and every case is unique and different, professors walking on the thin ice of professional freedom at their schools should understand the nuanced difference. Yet even in cases where a professor only speaks in the pursuit of academic freedom, a school may retaliate and seek to stifle those statements. If you are attempting to navigate speech in your academic profession, national attorney-advisor Joseph D. Lento can help.

Speak With National Attorney-Advisor

If you fear that your academic freedom is being stifled at your university or you are currently facing investigation, wrongful termination and/or related charges, national attorney-advisor Joseph D. Lento and his Education Law Team at the Lento Law Firm can help you navigate the unique minefield of speech and academics. Don't wait. Contact us today by calling (888) 535-3686 or using our online contact form.