Seattle professor punished for mocking land acknowledgments fights back, scores win against woke university
Stuart Reges. Courtesy of Twinkle Don’t Blink
The director of UW’s computer science department, Magdalena Balazinska, ordered Reges to remove the statement because it was supposedly “offensive” and generated a “toxic environment.”
According to court documents, when Reges refused to remove his dissenting statement, Balazinska unilaterally removed it, then apologized to Reges’ students, detailing ways that they could file complaints against their professor.
‘Land acknowledgments are performative acts of conformity that should be resisted.’
In addition to inviting students to switch out of Reges’ computer programming course and into a “shadow” class section taught by a different professor, university administrators launched a years-long disciplinary investigation into Reges.
In July 2022, Reges sued Balazinska, then-UW President Ana Mari Cauce, and other school officials, accusing them of violating his First Amendment rights.
“University administrators turned me into a pariah on campus because I included a land acknowledgment that wasn’t sufficiently progressive for them,” Reges said at the time. “Land acknowledgments are performative acts of conformity that should be resisted, even if it lands you in court.”
U.S. District Court Judge John Chun, an appointee of former President Joe Biden, dismissed Reges’ lawsuit last year, claiming that “the disruption caused by Plaintiff’s speech rendered it unprotected.”
Reges appealed and found a court that viewed his case differently.
In a 2-1 decision on Friday, a Ninth Circuit Court of Appeals panel disagreed with and reversed the Biden judge’s ruling, remanding the case for further proceedings.
Circuit Judge Daniel Bress, writing for the majority, noted, “Debate and disagreement are hallmarks of higher education. Student discomfort with a professor’s views can prompt discussion and disapproval. But this discomfort is not grounds for the university retaliating against the professor. We hold that the university’s actions toward the professor violated his First Amendment rights.”
Bress, an appointee of President Donald Trump, highlighted the long-standing debate over the value, factual basis, and political nature of land acknowledgments as well as Reges’ sense that they are part of “an agenda of ‘diversity, equity, and inclusion’ that treats some groups of students as more deserving of recognition and welcome than others on account of their race or other immutable characteristic.”
While acknowledging the right of members of the UW community to speak out against Reges and his views, Bress stressed that “Reges has rights too. And here, we conclude that UW violated the First Amendment in taking adverse action against Reges based on his views on a matter of public concern.”
Will Creeley, the legal director of FIRE, said that the ruling “recognizes that sometimes, ‘exposure to views that distress and offend is a form of education unto itself.'”
“If you graduate from college without once being offended, you should ask for your money back,” added Creeley.
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