The University of Washington violated a professor’s free speech rights by investigating and retaliating against him after he mocked the school’s land acknowledgment, a federal appeals court ruled Friday.
Stuart Reges, a non-tenure-track professor of computer science and engineering at the University of Washington, said in a complaint against the university that in September 2020, university officials encouraged professors to include the university’s land accreditation statement in their course syllabi. Land acknowledgments are statements commonly used by universities and public institutions to acknowledge Native American tribes as the original inhabitants of the land on which campuses now stand.
Regis parodied the university’s land admission in the January 2022 Computer Programming II course syllabus. Instead of using the university’s land acknowledgment, he wrote, “I acknowledge that, under the labor theory of property, the Coast Salish people can claim historic title to substantially all of the land currently occupied by the University of Washington.”
His review cited philosopher John Locke’s labor theory of property, according to which ownership arises from improvements in land.
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Regis sued the university in July 2022, claiming that UW officials ordered him to remove the statement, denounced it as offensive and encouraged students to file complaints. Administrators also created a competitive “shadow” course section so that the student could avoid his classes and initiate a disciplinary investigation, increasing the likelihood of further discipline or termination.
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In Friday’s ruling, the U.S. Court of Appeals for the Ninth Circuit reversed the district court’s ruling and sent the case back to determine appropriate relief.
The court ruled that the lower court erred in granting summary judgment to the University of Wisconsin on Regis’s retaliation claims, saying his syllabus statements were 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.
“Student dissatisfaction with a professor’s views may spark discussion and opposition,” Justice Daniel Brace wrote for the majority. “But this discomfort is no reason for the university to retaliate against the professor.”
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Reges was represented by attorneys from the Foundation for Personal Rights and Expression, who celebrated the ruling.
“Today’s opinion is a significant victory for the First Amendment rights of Professor Stuart Regis and public university faculty,” said FIRE attorney Gabe Walters. “The Ninth Circuit agreed with FIRE from the outset: Universities cannot force professors to parrot an institution’s preferred political views without penalty.”
The lower court previously ruled in favor of the university, granting officials’ motions to dismiss Regus’s vague and overbroad challenges to its nondiscrimination policy and granting Regus’ motions for summary judgment on retaliation and viewpoint discrimination claims, FIRE reported.
Regis responded to the legal victory in comments on Fox News Digital.
“Land acknowledgment is a performative act of compliance. The Ninth Circuit affirmed that my impersonation was a reasonable way to engage in discussion of this important topic,” he said.
“I have fought for free speech throughout my 39-year teaching career, even though it almost cost me my dream job. I hope my victory will help inspire others to resist those who have sought to limit free speech on college campuses.”
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Fox News Digital reached out to the University of Washington for comment.
“We are evaluating the Court of Appeals’ 2-1 ruling and considering our next steps,” a spokesperson said. “We maintain that we have a duty to protect our students and that the University of Washington took appropriate action. Professor Regis retained his faculty position and continued to teach throughout this process.”
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Original source of the article: Federal appeals court upholds Washington professor’s punishment for scoffing at university land recognition
