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A federal appeals court ruled Friday that the University of Washington violated a professor’s free speech rights by investigating and retaliating against him after he mocked the university’s recognition of its land.
In September 2020, university officials encouraged professors to include a statement acknowledging university land in their syllabi, Stuart Regis, a non-tenured teaching professor of computer science and engineering at the University of Washington, says in his complaint against the university. Land acknowledgments are statements commonly used by universities and public institutions to recognize Native American tribes as the original inhabitants of the land on which the universities are now located.
Regis mocked the university’s recognition of his land in the syllabus for his second computer programming class in January 2022. Instead of using the university’s land recognition, he wrote: “I submit that by the working theory of title, the Coast Salish people cannot claim historical ownership of almost anything of the lands currently occupied by the University of Washington.”
His comment was a reference to philosopher John Locke’s labor theory of property, according to which property is derived from the improvement of land.
Professor Regis filed a First Amendment lawsuit in July 2022 challenging the university’s actions. (flashing no flashing)
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Regis sued the university in July 2022, alleging that UW officials ordered him to remove the statement, condemned it as offensive, and encouraged students to file complaints. Administrators also created a competing “shadow” course section, so students could avoid expulsion, and launched a disciplinary investigation that raised the possibility of further discipline or termination.
In the Friday ruling, US Court of Appeals for the Ninth Circuit It overturned the district court’s ruling and remanded the case to determine appropriate compensation.
The court ruled that the lower court erred in granting summary judgment to the University of Wisconsin on Regis’ claim of retaliation, holding that his curriculum statement was protected academic speech on a matter of public concern and that the university unlawfully retaliated against him by investigating, reprimanding and threatening discipline for the views he expressed.
“Students’ discomfort with a professor’s views can provoke discussion and disapproval,” Justice Daniel Bryce wrote for the majority. “But this discomfort does not constitute a reason for the university to retaliate against the professor.”
University of Washington campus in Seattle, Washington. (Wolfgang Kahler/LightRocket via Getty Images)
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Reges is represented by attorneys at Freedom of individual rights and expressionWho celebrated the ruling.
“Today’s opinion is a resounding victory for Professor Stuart Regis and the First Amendment rights of public university faculty,” said FIRE attorney Gabe Walters. “The Ninth Circuit agreed with what FIRE has said from the beginning: universities cannot force professors to echo the institution’s preferred political views under penalty.”
A lower court had previously ruled in favor of the university, granting the officials’ motion to dismiss Regis’s vague and overly broad appeals of its nondiscrimination policy, and granting their motion for summary judgment on Regis’ claims of retaliation and viewpoint discrimination, According to the fire.
Reges responded to the legal win in the comments on Fox News Digital:
“Land confessions are performative acts of conformity. The Ninth Circuit affirmed that parody was a reasonable way to engage in discussion of this important topic,” he said.
“In my 39 years of teaching, I have always fought for freedom of expression even though it almost cost me my dream job. I hope my victory will help inspire others to fight back against those who try to limit freedom of expression on campus.”
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Fox News Digital has reached out to the University of Washington for comment. The official spokesman made the following statement:
“We are evaluating the Court of Appeals’ 2-1 decision and are considering our next steps. We maintain that we have a responsibility to protect our students and that UW acted appropriately. Professor Regis has retained his faculty position and has continued to teach throughout this process.”
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