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Home/People/Victory for Academic Freedom – Fourth Circuit Says Professor’s Speeches, Columns Protected by First Amendment

Victory for Academic Freedom – Fourth Circuit Says Professor’s Speeches, Columns Protected by First Amendment

Written by Travis Barham, ADF | Thursday, April 7, 2011

“…the 4th Circuit wrote that “no individual loses his ability to speak as a private citizen by virtue of public employment. . . . Adams’ columns addressed topics such as academic freedom, civil rights, campus culture, sex, feminism, abortion, homosexuality, religion, and morality. Such topics plainly touched on issues of public, rather than private, concern…”

(Editor’s Note: Professor Mike Adams in as regular contributor to The Aquila Report.)

A University of North Carolina–Wilmington professor’s speeches and columns are fully protected by the First Amendment, according to a published decision handed down Wednesday by the U.S. Court of Appeals for the 4th Circuit. Alliance Defense Fund attorneys contended that criminology professor Mike Adams was denied a promotion unconstitutionally because university officials were hostile to the religious and political views he espoused in his columns and speeches.

A lower court had said that Adams’ speeches and columns on matters of public concern were not protected by the First Amendment and instead constituted “official” speech as part of his job duties. The 4th Circuit disagreed, finding that Adams’ columns and speeches constituted protected, private speech and that university officials could be held personally liable for damages should Adams ultimately prevail in the case.

“Christian professors should not be discriminated against because of their beliefs, and this decision thoroughly upholds that,” said ADF Senior Counsel David French, who argued before the court in January. “The 4th Circuit’s decision is a ringing vindication of the academic freedom of public university professors. Disagreeing with an accomplished professor’s religious and political views is no grounds for refusing him promotion. Opinion columns are among the purest examples of free speech protected by the First Amendment.”

Read More: http://blog.speakupmovement.org/university/uncategorized/victory-for-academic-freedom-4th-circuit-says-professor%e2%80%99s-speeches-columns-protected-by-first-amendment/

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