From Friday's decision by Judge Michael Watson (S.D. Ohio) in Sullivan v. Ohio State Univ.:
American public universities have traditionally "prided themselves on being forums where controversial ideas are discussed and debated." Few universities have shown a stronger commitment to being such a forum than The Ohio State University ("OSU"). The crown jewel of OSU's commitment may well be a course titled "Crucial Conversations"—designed to train students how to communicate productively about difficult topics.
Yet a group of OSU officials (Defendants) terminated the lecturer who taught that course (Plaintiff Mark Sullivan) because of his controversial classroom speech, or so he alleges. For considered pedagogical reasons germane to the course, Sullivan quoted the n-word. After a student complaint launched an HR investigation, Defendants declined to renew Sullivan's employment contract.
Seeking reinstatement and damages, Sullivan brought a First Amendment retaliation claim, which Defendants now move to dismiss. The First Amendment forbids public universities from dismissing lecturers because of controversial academic speech. So, accepting Sullivan's allegations as true, for the reasons below, the Court DENIES Defendants' motion….
