In a win
for local Academic Freedom advocates a federal judge in Ohio ruled that the
Supreme Court’s 2006 decision Garcetti v
Cebellos does not apply to faculty at public colleges and universities.
Physician
Elton R Kerr filed for wrongful termination after he was terminated from a teaching
post at Wright State University for teaching techniques and procedures against
his boss’s wishes.Wright State
argued that under Garcetti v Cebellos
Kerr’s classroom speech was pursuant to his professional duties and therefore
unprotected speech.In rejecting
this argument the Court’s ruling stated a belief the Center has long held, that
Universities “should be the active trading floors in the marketplace of
ideas."
The Center
and our allies have argued for almost four years that it is a mistake to apply Garcetti to the faculty of public
colleges and universities.It is
heartening to see that the Courts in Ohio agree.