Another Court, this time in Idaho, is interpreting the U.S. Supreme Court's 2006 case Garcetti v Ceballos to limit the First Amendment protections for faculty members.
Civil Engineering Professor Habib Sadid was fired from Idaho State University last September after making critical remarks about his department administration and the University in faculty meetings. Backed by the American Association of University Professors, Sadid filed suit for wrongful termination. Judge David C. Nye of Idaho's sixth district dismissed the case, citing Garcetti and lower rulings based on it. Nye held that "Sadid should understand that he has limitations of his speech that he accepted when becoming a state employee,"
The case is the latest in a worrying trend of lower courts interpreting Garcetti to permit university administrations to discipline faculty members for speaking freely in the very forum their candor is needed, fulfilling their role in institutional governance.
Here at the Center we’ve expressed concern that the limits on employees speech rights in Garcetti are inappropriate for the academic community where shared governance and academic freedom are so important. With courts less and less willing to recognize faculty members’ role in their institutions, we are continuing to work with faculty members and students to help ensure these traditions are safeguarded at the campus level.