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Free speech lawsuit against UNM tossed
abqjournal.com ^ | 12/29/2015 | Maggie Shepard

Posted on 12/29/2015 8:22:50 AM PST by massmike

A University of New Mexico student has lost her lawsuit in which she claimed her professor violated her free speech rights by kicking her out of class for criticizing lesbianism in an essay.

Monica Pompeo and her attorney, Bob Gorence, have filed an appeal to the 10th U.S. Circuit Court of Appeals in Denver.

The dismissal also says that Pompeo’s professor, Caroline Hinkley, was “personally offended” by Pompeo’s views.

Pompeo originally claimed she had been ostracized, even kicked out of class, after she expressed anti-gay views in an essay about a lesbian film as part of an upper-level film critique class. She claimed the professor refused to grade her paper.

And Hinkley asked Pompeo to back up her statements about homosexuality, writing on the margin on Pompeo’s paper: “Why is attraction to the same sex perverse? This is a strong statement that needs critical backup. Otherwise it’s just inflammatory.”

At one point, Hinkley told Pompeo that some of her language in the paper could be considered hate speech, according to court documents. And Pompeo told Hinkley that some of the films in the class were “unendurable,” to which Hinkley replied there would likely be more such films. Pompeo reported this made her feel she was being pressured out of the class.

Armijo ultimately ruled that the professors’ conduct and attempts to change how Pompeo used her language was within the scope of teaching and was not a violation of her constitutionally protected right to free speech but noted the law was vague on the issue.

The federal appeal has been filed and is currently in the mediation stage, according to court records. The next hearing in the case is set for January.

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


TOPICS: Education
KEYWORDS: gayagenda; homosexualagenda; lesbian
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1 posted on 12/29/2015 8:22:50 AM PST by massmike
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To: massmike

Sounds very queer.


2 posted on 12/29/2015 8:24:21 AM PST by Jack Hammer
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To: massmike

Goodbye Free Speech


3 posted on 12/29/2015 8:25:11 AM PST by samtheman (Only Trump can beat the Saudi-funded Fraud Machine in the general election.)
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To: massmike

Caroline Hinkley is another mean faced lesbian with short clipped hair.

The more I see of these people the more I appreciate why the Muslims put them to death.


4 posted on 12/29/2015 8:28:29 AM PST by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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To: massmike

There is no free speech in the USA.


5 posted on 12/29/2015 8:29:54 AM PST by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: massmike

I suppose the professor should have just given her an “F” and let it at that. Though reading the story it’s hard to tell if she was actually kicked out of the class.


6 posted on 12/29/2015 8:33:12 AM PST by DoodleDawg
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To: massmike

25 Years ago I would have supported the professor. This is college; you need to learn how to back up every statement you make.

But these days, it sounds to me like the professor is guilty of micro-aggressions....


7 posted on 12/29/2015 8:40:20 AM PST by JoeDetweiler
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To: DoodleDawg

It sounds like the student felt she didn’t have a “safe space.”


8 posted on 12/29/2015 8:42:40 AM PST by Sgt_Schultze (If a border fence isn't effective, why is there a border fence around the White House?)
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To: Sgt_Schultze
It sounds like the student felt she didn't have a "safe space."

Then she's going to hate it out there in the real world. Safe spaces are few and far between, and when she's given an assignment there she's expected to get it done.

9 posted on 12/29/2015 8:46:24 AM PST by DoodleDawg
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To: massmike

This is ridiculous. No, I take that back. This is fascist.

The student was asked to write a critique. Such an assignment should be evaluated not by what she believes, but on how well she argues her point.

And that’s not what happened here.


10 posted on 12/29/2015 8:47:00 AM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: MeganC

Case in point:

Nashua woman accused of biting, choking girlfriend (New Hampshire)
http://www.freerepublic.com/focus/f-chat/3377652/posts


11 posted on 12/29/2015 8:51:38 AM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: massmike

Free speech gives you the right to speak. It doesn’t force anyone to listen. If you say something in a college class that the professor doesn’t like, expect repercussions.


12 posted on 12/29/2015 8:54:51 AM PST by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: BenLurkin

Exactly. They’re depraved and degenerate and they hate anything that’s good, decent, or wholesome.


13 posted on 12/29/2015 8:59:06 AM PST by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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To: massmike

I am offended by the Professor. It is time to tell them risqué anything is offensive. We need to take back the moral authority to be offended by things that are perverse.


14 posted on 12/29/2015 9:02:35 AM PST by EBH ( I will stand with the Muslims should the political winds shift in an ugly direction. ~~ Obama)
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To: massmike

No such thing as hate speech in US Constitution- only freedom of speech

Hate speech is a a made-up term for free speech that lieberals don`t like coz LIBERALS HATE FREE SPEECH, BUT LOVE to use unconstitutional term “HATE SPEECH”

If she publishes her paper then it is freedom of the press and she cannot be punished for that - nor for her words in class.

King George III hated free speech and killed Americans for exercising it.
King George III rules that class.
We know what happened to him and his minions.


15 posted on 12/29/2015 9:03:07 AM PST by bunkerhill7 ((("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione."))))))
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To: massmike

Queers are the new royalty in this country; not to be offended on the pains of severe repercussions.


16 posted on 12/29/2015 9:04:21 AM PST by fwdude
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To: JoeDetweiler
25 Years ago I would have supported the professor. This is college; you need to learn how to back up every statement you make.

Ditto. But it is highly doubtful that this dyke professor would have accepted anything academic and well-researched as evidence. They never do.

17 posted on 12/29/2015 9:07:17 AM PST by fwdude
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To: DoodleDawg

She did the assignment. It was the professor who refused to grade it because it was offensive to her.


18 posted on 12/29/2015 9:09:13 AM PST by EBH ( I will stand with the Muslims should the political winds shift in an ugly direction. ~~ Obama)
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To: JoeDetweiler

The student likely did back up her statements and that offended the Professor to the point of refusing to grade it and labeling it hate speech. By refusing to issue a grade, even an F, what does the Professor avoid?


19 posted on 12/29/2015 9:13:53 AM PST by EBH ( I will stand with the Muslims should the political winds shift in an ugly direction. ~~ Obama)
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To: EBH
She did the assignment. It was the professor who refused to grade it because it was offensive to her.

Read the article and it's clear that the professor and the professor's department head had gone back and forth with her trying to get her to make changes to the paper so that she could get something other than an "F". They probably could have saves a lot of court time and effort if they just flunked her right off the bat.

20 posted on 12/29/2015 9:26:56 AM PST by DoodleDawg
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