Are Ken Levi’s comments in LSU Law Class’s protected speech? “This is a gray zone” – nola.com

LSU’s decision to stop Professor Ken Levy, who uses a vulgar language to criticize governor Jeff Landri and President Donald Trump during a lecture, a law school broke out and began a legal battle with a high profile.

At the heart of the dispute is a debate: Is Levy’s comments part of his right to freedom of expression and academic freedom, the type of intellectual discussion that the mandate is intended for protection? Or have they humiliated and threatened for students, the type of speech that the university can discipline in the name of maintaining a professional and safe learning environment?

“The big question here is whether the comments made in the class are actually protected speech or whether it is subject to discipline,” says Robert Noel, a professor of political sciences who teaches constitutional law at the University of Louisiana-Monroe and manages criminal defense practice.

Levi, LSU law professor, claims that his statements are ex.

“Professor Levy engages his students in a stable debate, challenged their views and expressed his opinion – clearly protected rights to speech and academic freedom,” his lawyer Jill Kraft argued in a case last month.

Levi crafts and other supporters have asked whether his suspension is part of a bigger tendency for Landry to attack publicly professors who criticize him.

“If the governor has hurt his feelings, well, then he must not run for a political position,” Kraft said on Friday.

But for LSU and Landry Landi, Levi’s comments were not protected speech.

“Ken Levy’s situation is not a matter of academic freedom,” a statement in a statement on Friday said. “Our investigation has found that Professor Levy creates an environment in the classroom that humiliates students who do not hold his political opinion, threatening their grades and wickedly,” the statement said.

Some say the line is not always clear.

“This is a gray area,” says Olivier the sea, a LSU law professor and a member of the LSU head of the American Association of University Professors, who advocates for academic freedom in higher education.

What did Ken Levy say

On January 14, the first day of a criminal law course, Levi told his students that he had no registration policy.

Levi referred to an incident after the November presidential election, when his colleague, law professor Nick Brayner, made comments during a class lecture that was critical of Trump and eventually shared with landlies. Landri publicly criticizes Brayner on social media.

Levi talks about landlies and later Trump, using several vulgar terms in the process.

Listen to Audio records of Levy’s comments here.

“Honestly, like forwarding my s ** t to the governor. Like, I generally have no problem. I would be glad to become a national celebrity based on what was said in this class. Like, F *** the governor, “Levi said, prompting student laughter.

Levy said he could get students to prison if they secretly enroll and share a record that also causes laughter from students.

Later in the Levi class, the changes in criminal proceedings can happen quickly. And it was possible that the concepts taught during the class would change through the semester because of the US Supreme Court.

He continued to say, “You probably heard that I was a big left -handed, well. I am a great Democrat. I was, I was devastated by, I couldn’t believe that F **** R won, “referring to Trump’s election.

“Those of you who like him, I don’t give like *** … You are already preparing to send your grades:” I don’t need his political comment. ” No, you need my political comment. You need all others before my political comment, “Levy said, provoking laughter again.

“But here’s the deal. I stopped listening to the news. I don’t know what’s going on. I know there are fires in LA and I know Carter has died. That is. Okay? I don’t know what’s going on. I don’t know what Trump is doing. I don’t care what he’s doing. “

Lsu and academic freedom

Noel said the Levi case touched two separate ones – but intertwined – problems.

“The only question is the right of the university to ensure that you have the right decor on the part of the professors,” Noel said. “And the other is the first right to repair professors to make a comment – even one that includes an an an an an an an ary in afromy to make a comment – even one that includes an an an an an in ary an in ary Afropress to make a comment – even one that includes an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an an ary -an -an -an -affativity -an -affaest And one that includes An An An An An An An An Anni in Ary Anfals to make a comment – even one that includes An An An An An An An An An an ARY for the Governor. “

Part of the LSU policy states: “Academic freedom protects freedom of speech, thought and expression within the university situation to promote training and knowledge.”

“Academic freedom is provided by a mandate that prevents the termination or punishment of teachers for some reason that may suffocate academic speech and investigation, but envisages the termination or discipline of teachers for justified causes,” the policy said.

Hiring encourages the “investigation of the truth” without external pressure due to different ideological views, the statement said.

But this continues to state that the faculty cannot press students to accept any specific perspective and they must “respect the rights, views and opinions of others.”

Levi argues the discussion and criticism of the actions taken by political figures, obviously the kind of intellectual discussion to defend.

“No amount of curse or different opinion justifies the harm caused by the teaching suspension,” his legal documents say.

But LSU claims that Levi has exceeded “facilitating learning and acquiring knowledge related to the teaching or study of the subject.”

“We expect teachers to explore the topic, not to threaten or indoctrinate,” the statement said.

Who is right?

The sea, the law professor, called himself a “fierce defender” of academic freedom. But he believes Levi has gone a line in the use of obscene and verbal attacks against landlings and Trump.

“Attacking people and calling them names in a classroom environment is not appropriate and certainly makes a number of students feel very uncomfortable. This is not right, ”said the sea.

But Kevin Coope, a LSU English Literature Professor and an AAUP local head officer, said he had considered some of Levi’s comments “as a kind of humor.”

Cope also claims that the university classroom is a type of “sacred space” where any kind of idea can be discussed – as long as it is suitable for the course.

With political discussions at the Faculty of Law, where almost every topic can be applied to political issues or participants of the day that skill can be widely understood, he said.

“The nature of the topic – the law, the society, the politics, the people who act their lives in all three of these places – the line between the three of them is really very thin,” Cope said.

What role plays policy?

The debate overcome is Landry’s desire to publicly call for discipline against professors who criticize him.

When Levi exclaimed, “F *** the governor”, he did it in the context of targeting landliers of his colleague Nick Brayner.

Landry called Brayner in two positions from the official social media account of the governor. In the first Landri, she shared a video of Bryner teaching in class. In the second post, Landi called on LSU to investigate and discipline Brayner for these comments.

Landry made a similar move in 2021 when he was a prosecutor.

Bob Mann, then hired professor of mass communication at LSU, in a social media publication criticized Landri for his position on Kovid vaccines and one of Landri’s employees, calling her “Fluki”.

In response, Landry posted on social media by his official state prosecutor general account, saying he hoped LSU “take appropriate action soon.” Landry also issued an official letter to LSU President William Tate for criticism of the manga to his staff.

Landri this week criticizes Levi’s comments on social media.

“Is this the type of language and attitude that you expect to pay your tax dollars?” Landry said. “No judge would tolerate this behavior in his courtroom or any legal professional environment. It should not be tolerated in our taxpayers funded universities. “

How policy affects the classroom

Noel, the professor of political sciences, said that bitter political divisions have put the country a “bad place” and impedes teaching various perspectives.

“At the university, at a professional level, you need to be able to discuss more than one point of view. You can’t be afraid to offend people, “he said.

Coope, the professor of English, said that it has traditionally had a “wide latitude” for the broadcast of all views in the university setting.

“In the early part of my career, there was room for many jokes and speculation and daring comments,” said Cope, who has been teaching at LSU for 41 years.

But he said there is a “gradual narrowing” of what speech is tolerated in the classroom, a trend that he attributes to both the political left and the political right.

“This is a pity because it is a narrowing of what can be discussed at the university,” he said. – This is a narrowing of the type of learning that students receive. And in the end, it is a narrowing of the competence of students who emerge from such an institution. “