Pushback: Professor fired for making joke wins $165K settlement from university

Speech that is forbidden at the University of North Texas
Speech that is forbidden at the University of North Texas

Nathaniel Hiers, fired by his boss as a math professor at the University of North Texas for daring to express a political opinion, has won a $165K settlement from the university.

This story is a follow-up on a previous column from March, when a judge had ruled that Hiers’ lawsuit could go forward. The judge also dismissed the university’s claim of qualified immunity for its officials, thus leaving them personally liable under any settlement.

The background: Hiers’ was fired when, having found flyers in math department’s lounge warning faculty against triggering “microaggessions” in their conversations, responded as shown in the picture to the right, placing one flyer on the chalk rack of the blackboard and wrote his own opinion of it above.

It appears that though the settlement was a victory for Hiers, paying him for damages and his attorneys’ fees, it does not get him his job back. Nor does it appear the officials who fired him wrongly will pay any of the settlement. Instead, the University of North Texas is picking up the tab.

Thus, this victory is not the triumph Hiers’ legal team, the Alliance Defending Freedom, claims it is. » Read more

Pushback: Judge rules university officials can be held personally responsible for firing a professor for his political opinions

Speech that is forbidden at the University of North Texas
Speech that is forbidden at the University of North Texas

A major victory for free speech: A federal judge ruled on March 11th that officials at the University of North Texas can be held personally responsible for firing a professor because they did not like his political opinions.

In his 69-page order of March 11, Judge Sean Jordan, of the United States District Court for Eastern Texas, found that university officials should have known that math professor Nathaniel Hiers’ speech “touched on a matter of public concern and that discontinuing his employment because of his speech violated the First Amendment,” before they fired him for going public with his disagreement with the left-wing concept of “microaggressions.”

The university was claiming qualified immunity for school officials in the case, meaning that the school wanted its officials to be excluded from being held responsible for their actions merely because they were acting in their position as state employees. Jordan denied the claim of qualified immunity and also denied the school’s demand to have the case dismissed outright.

You can read the judge’s order here [pdf].

The background: Hiers, having found flyers in math department’s lounge warning faculty against triggering “microaggessions” in their conversations, responded as shown in the picture above, placing one flyer on the chalk rack of the blackboard and wrote his own opinion of it above.

Ralf Schmidt, the Math department’s head, immediately criticized Hiers for doing this, and within a week fired him without notice.
» Read more