New Orleans Times-Picayune, Appeals Court Blocks Order Requiring LSU Reinstate Law Professor Who Criticized Jeff Landry:
A state appeals court has overturned part of a district court order that would have required LSU to reinstate a professor it suspended after he used vulgar language to criticize Gov. Jeff Landry and President Donald Trump.
LSU last month suspended Ken Levy, a tenured law professor, saying it was investigating “student complaints of inappropriate, vulgar, and harassing statements.” Levy sued, arguing LSU was interfering with his free speech and due process rights, and a district court judge ordered LSU to return him to a classroom while the legal battle plays out.
On Tuesday, a three-judge panel of the 1st Circuit Court of Appeal agreed with LSU that it was premature to force the university to reinstate Levy.
"A temporary restraining order, when in mandatory form and commands the doing of something, may not issue without a full evidentiary hearing," said the decision from judges Allison Penzato, Tess Stromberg and Curtis Calloway. …
Landry weighed in on the controversy Tuesday afternoon with a social media post:
To my fellow citizens, is this the type of language and attitude you expect your tax dollars to pay for?
No judge would tolerate this conduct in their courtroom or any legal professional setting. It should not be tolerated at our taxpayer funded universities either.⁰
Quotes…— Governor Jeff Landry (@LAGovJeffLandry) February 4, 2025
WAFB, First Circuit Sides With LSU in Law Professor Case:
LSU released the following statement on Tuesday, February 4:
The First Circuit has recognized LSU’s right to respond to concerns about inappropriate conduct in the classroom.
Our position on this matter has been very clear; the Ken Levy situation is not a question of academic freedom. The university values the rights of faculty to engage in scholarly discourse and express diverse viewpoints. However, there are limits and standards when it comes to the classroom based on what LSU views to be civil discourse and maintaining a healthy relationship between students and faculty.
LSU took immediate action to remove Professor Levy from the classroom after complaints about the professor’s remarks. Our investigation found that Professor Levy created a classroom environment that was demeaning to students who do not hold his political view, threatening in terms of their grades, and profane. To be clear, academic freedom “involves doing the job of facilitating learning and gaining knowledge relevant to the subject being taught or researched.” Our investigation revealed that Professor Levy crossed that line. For the good of the students, we expect faculty to explore the subject matter, not threaten or indoctrinate.
ABA Journal, Law Prof Who Used F-Word While Criticizing Political Leaders Can't Be Reinstated Immediately, Appeals Court Says
Prior TaxProf Blog coverage:
- LSU Law Prof Removed From Classes Amid Investigation Into Political Comments (Jan. 22, 2025)
- Tenured Law Prof Sues LSU For Removing Him From Teaching After Allegedly Saying ‘F*** Trump’ In Class (Jan. 29, 2025)
- Judge Orders LSU To Reinstate Law Prof Removed From Teaching Due To Political Comments In Class (Feb. 2, 2025)
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