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Campus Clash: When Free Speech Rights Collide

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Beau Callahan in Law & Justice August 2025 • 4 min read.

"Navigating the complex intersection of academic freedom, employee rights, and disability accommodations on college campuses."


The landscape of legal issues in higher education is constantly evolving. Colleges and universities are grappling with everything from free speech controversies to ensuring accessibility for students with disabilities. These cases often involve delicate balances between individual rights, institutional policies, and legal obligations.

This article delves into recent lawsuits and rulings that highlight some of the key challenges facing colleges today. We'll examine cases involving professors claiming free speech violations, disputes over pro-life postings, and allegations of disability discrimination related to academic appeals and website accessibility.

By understanding the nuances of these legal battles, administrators, faculty, and students can better navigate their rights and responsibilities within the academic environment, promoting a more inclusive and legally sound campus community.

Academic Freedom vs. Employee Speech: Where's the Line?

Symbolic image of legal balance on a college campus

One recurring issue in higher education is the extent to which a professor's speech is protected by the First Amendment. Courts have consistently held that public employees, including professors at state colleges, only have free speech rights when they are speaking as private citizens on matters of public concern. This distinction is crucial.

In Bhattacharya v. Rockland Community College, an adjunct professor claimed his free speech rights were violated when his contract wasn't renewed after he refused to give students advance copies of exam questions and later complained about an investigation into his teaching methods. The court sided with the college, finding that the professor's actions were part of his official duties and didn't qualify as speaking as a private citizen on a matter of public concern.

  • Public employee speech is only protected when acting as a private citizen.
  • Matters of 'public concern' must be of general interest to the community.
  • Actions related to official duties are generally not protected speech.
This case underscores the importance of distinguishing between a professor's role as an employee and their right to express personal opinions. While academic freedom is vital, it's not absolute and doesn't extend to actions that undermine the core responsibilities of their position.

Promotions, Postings, and Potential Retaliation

In Crawford v. Columbus State Community College, a professor alleged that the college retaliated against him for posting pro-life literature on campus by failing to promote him. The court found that while the college presented legitimate reasons for not promoting the professor, the plaintiff had presented enough evidence to suggest that long-standing animus played a role, warranting a jury trial.

The case of disability discrimination on campus also came to light where OCR found that students with visual impairments must be provided opportunities to access the same information, computer-based interactions, and services as sighted students. Voluntary resolution can help institutions avoid violations.

These cases serve as reminders that colleges must be vigilant in ensuring that employment decisions are based on legitimate, non-discriminatory factors and that students with disabilities have equal access to campus resources and information.

About this Article -

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Everything You Need To Know

1

How did the *Bhattacharya v. Rockland Community College* case define the limits of a professor's free speech rights related to their job?

In cases like *Bhattacharya v. Rockland Community College*, the courts determined that an adjunct professor's actions, such as refusing to provide advance copies of exam questions and complaining about investigations, were part of his official duties. Therefore, these actions were not protected under the First Amendment because they did not constitute speaking as a private citizen on a matter of public concern. This distinction is critical in determining the boundaries of academic freedom versus employee responsibilities.

2

What key element led to a jury trial in the *Crawford v. Columbus State Community College* case, concerning a professor's pro-life postings and promotion denial?

The case of *Crawford v. Columbus State Community College* demonstrates that while colleges can present legitimate reasons for not promoting a professor, evidence suggesting long-standing animus towards the professor's viewpoints, like posting pro-life literature, can warrant a jury trial. This means the court found enough evidence to suggest that the professor's protected speech may have been a factor in the promotion decision, potentially constituting retaliation.

3

Under what conditions are the free speech rights of professors at state colleges protected, according to court rulings like in the *Bhattacharya v. Rockland Community College* case?

For public employees like professors at state colleges, free speech rights are generally protected only when they speak as private citizens on matters of public concern. This means that their speech must be of general interest to the community and not directly related to their job duties. The *Bhattacharya v. Rockland Community College* case highlights that actions taken as part of official duties are generally not protected speech.

4

In the context of cases like *Bhattacharya v. Rockland Community College*, how is academic freedom balanced with a professor's responsibilities as an employee?

Academic freedom is the concept that educators are free to discuss their subject without fear of institutional censorship. While academic freedom is vital, it's not absolute and doesn't extend to actions that undermine the core responsibilities of their position. The *Bhattacharya v. Rockland Community College* case is an example of how academic freedom does not protect a professor who refuses to perform basic job functions, like providing course materials.

5

How do cases like *Crawford v. Columbus State Community College* illustrate the tensions between academic freedom, employee rights, and institutional policies regarding controversial viewpoints?

The balance between academic freedom, employee rights, and institutional policies is often tested in cases like *Crawford v. Columbus State Community College*. When a professor alleges retaliation for expressing views (such as posting pro-life literature), courts must determine if the college's actions were legitimately based on performance or if they were influenced by animus towards the professor's protected speech. These cases require careful consideration of evidence to protect both academic freedom and prevent workplace discrimination.

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