Some college officials have two nasty habits: violating the First Amendment rights of professors who say unwoke things that hurt their leftist feelings; and then when sued, hiding behind the doctrine of “qualified immunity.” What that amounts to saying is, “You can’t hold us personally liable because we didn’t know we were acting illegally.”
A case involving the University of Louisville Medical School looks like it will drive a stake through the heart of the qualified immunity defense. In today’s Martin Center article, I write about the case.
Back in 2017, Dr. Allen Josephson, a highly respected member of the faculty at the medical school, spoke on a panel discussion hosted by the Heritage Foundation. The subject was how best to deal with gender dysphoria in young people. Dr. Josephson stated his view that it is a mistake to rush in with “gender affirming” care because young people often make bad decisions. Never mind that his was a professional opinion based on long experience. His view ran contrary to the woke obsession with immediate “care.”
When activists at the university raised a stink over Dr. Josephson’s statement, med school officials caved in and retaliated against the doctor, eventually firing him.
Josephson sued, arguing that by retaliating against him for voicing his opinion, the school officials violated his rights under the First Amendment. He sought to hold them personally liable for the harm they did to him.
The trial court ruled in his favor and held that qualified immunity did not protect the defendants. The defendants appealed to the Sixth Circuit and that court strongly upheld the judge. The decision demolished the claim that school administrators can trample over the rights of faculty members and then hide behind the qualified immunity shield.
The case will go back to the district court for trial, and I hope the medical school fights on, loses, and the wokesters responsible for this idiocy are forced to pay up. That would send a clear message to college officials around the country to stop putting their ideology ahead of the free speech rights of faculty members.