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Court allows First Amendment claim based on alleged professor retaliation (Shortened Title)
The Volokh Conspiracy ^ | October 17, 2014 | Eugene Volokh

Posted on 10/20/2014 7:17:03 AM PDT by right-wing agnostic

Pompeo v. Board of Regents (D.N.M. Sept. 29, 2014, but apparently not substantially publicized until Thursday):

The University of New Mexico offered a class and Plaintiff enrolled in that class. The subject matter of the class (“Images of (Wo)men: From Icons to Iconoclasts”) as set out in [the Complaint] was chosen by the class instructor, Defendant Hinkley, to spark “incendiary” class discussions. The syllabus assured students that “it’s quite clear that we do not expect anyone to necessarily agree with the positions and arguments advanced in our work. There’s controversy built right into the syllabus, and we can’t wait to hash out our differences.” One of the class assignments was to view the film Desert Hearts. Plaintiff, apparently taking Hinkley at her word as to the freewheeling character of the forum, submitted a four-page critique of the film Desert Hearts that was harshly critical of the lesbian characters portrayed in the film and of lesbianism in general.

Hinkley graded and returned the papers submitted by Plaintiff’s classmates. However, ignoring representations in the syllabus concerning her openness to differing views, Hinkley refused to read beyond the first two pages of Plaintiff’s critique, characterizing Plaintiff’s views as inflammatory and offensive. Hinkley returned Plaintiff’s critique without assigning a grade. At a subsequent meeting with Plaintiff, Hinkley accused Plaintiff of using “hate speech.” Hinkley told Plaintiff that it would be in Plaintiff’s best interest to drop the class. Due to Hinkley’s hostility, including her refusal to assign a grade to Plaintiff’s critique, Plaintiff withdrew from the “Images of (Wo)men” class….

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Miscellaneous; Society
KEYWORDS: academia; firstamendment; freespeech; homosexuality

1 posted on 10/20/2014 7:17:03 AM PDT by right-wing agnostic
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To: right-wing agnostic

from what I’ve read, this attack on students who stand up for moral convictions is becoming an everyday occurrence in both high schools and universities.


2 posted on 10/20/2014 7:24:33 AM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: right-wing agnostic

So-called “higher education” is the most closed minded of all our institutions toward anything that goes against the liberal template. Conservatism, Judeo-Christian values, the Bible, our founding documents and our history are fair game for “revision” and mockery.

But, if anyone dares to question the icons of liberalism/socialism/communism/atheism/and the “science has eliminated God” crowd, you better be prepared for lawsuits, character assassinations, etc.


3 posted on 10/20/2014 7:31:07 AM PDT by rusty schucklefurd
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To: elpadre

Try to imagine what they do to teachers who stand up for what is right. You have no idea.


4 posted on 10/20/2014 7:32:22 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: right-wing agnostic

This is going to end up coming to conflict. Or, maybe it won’t. God will destroy us before we can fight each other.


5 posted on 10/20/2014 7:39:29 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: MeneMeneTekelUpharsin

Maybe an all out campaign to elect right minded school board members who would, in turn, hire right of center teachers and administrators could change the culture.


6 posted on 10/20/2014 7:50:19 AM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: elpadre

Folks have tried that. Apparently the morall fiber of the nation is so deteriorated, it’s not working. Just waiting for the consequences now...nothing else I can do.


7 posted on 10/20/2014 7:52:52 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: rusty schucklefurd

www.thefire.org

For more information on cases involving free speech rights in the academic world.


8 posted on 10/20/2014 8:16:56 AM PDT by hinckley buzzard
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To: right-wing agnostic

You can question any dogma, except progressive dogma.


9 posted on 10/20/2014 8:29:26 AM PDT by Vincit
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To: right-wing agnostic

Contact Dr. Michael Adams, professor of Criminal Justice, University of North Carolina at Wilmington. He can point you to numerous resources that defend Christian and “dissenter” speech in the academic setting.


10 posted on 10/20/2014 8:44:01 AM PDT by IronJack
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To: MeneMeneTekelUpharsin

Read selected Mike Adams articles for a partial answer to your question of treatment of professors.


11 posted on 10/20/2014 11:02:25 AM PDT by RobinOfKingston (Democrats--the party of Evil. Republicans--the party of Stupid.)
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