by David Hacker
FIRE reports that a professor at East Georgia College was fired after he noted that the college's sexual harassment policy provides no protection for the falsely accused. If true, EGC could be staring at a First Amendment retaliation lawsuit that will raise interesting questions about the scope of the Supreme Court's holding in Garcetti v. Ceballos as applied to college faculty. There, the Court held that public employees do not have a right to free speech when acting pursuant to their official duties. However, the Court specifically stated that educators are exempt from this standard. Nevertheless, some colleges have already argued that Garcetti gives them absolute authority over what their faculty say on and off campus. I'm glad FIRE's involved and hope that EGC sees the error of its ways.
Working with ADF attorneys, Lorie Smith’s case currently awaits a decision by the U.S. Supreme Court, after a lower court ruled against her earlier this year.