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Reason
Reason
Eugene Volokh

Court Upholds Discipline Imposed on Professors Who Called Fellow Professor "Racist" in Anonymous Flyer

From Gruber v. Bruce, decided last week by Judge Waverly Crenshaw (M.D. Tenn.):

An internecine difference of opinion among academics at Tennessee Tech University ("TTU" or "Tech") led to this action … asserting First Amendment retaliation … claims. The case arose after two faculty members were disciplined by the Provost for distributing flyers on campus that labeled another faculty member a racist….

Dr. Julia Gruber is a tenured Associate Professor of German at TTU, while Mr. Andrew Smith is a tenured Instructor in the Department of English at that institution. Dr. Lori Bruce is the Provost at TTU and Vice President for Academic Affairs.

In 2021, a student chapter of Turning Point USA ("TPUSA") was established at TTU. TPUSA s is a national organization with a presence at many college campuses across the United States. It came to TTU after Gittle Sciolis, a student at the school, filed a petition to make TPUSA a student club. Ms. Sciolis has described the club as a "conservative organization for college students [and] high school students" with a mission "to spread conservative ideas." For their part, Plaintiffs believe that TPUSA is a racist organization and "national hate group" with "ties to white supremacy." Dr. Andrew Donadio …, a County Commissioner and an Assistant Professor of Nursing, serves as TPUSA's faculty advisor at TTTU.

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