Alliance Defending Freedom Secures Victory for Professor’s Free Speech Rights in Appeals Court

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Free Speech

The U.S. Court of Appeals for the 6th Circuit has ruled in favor of Dr. Allan Josephson, a former University of Louisville professor represented by Alliance Defending Freedom, who was stripped of his position and ultimately fired after expressing his views on gender dysphoria. The court’s decision allows Josephson’s First Amendment case against university officials to proceed to trial.

According to Josephson, after he spoke at a Heritage Foundation panel in Oct. 2017 about treating children with gender dysphoria, university officials demoted him, stripped him of teaching duties, and ultimately did not renew his contract in 2019, ending his 40-year career.

Alliance Defending Freedom attorneys representing Josephson contended that Josephson engaged in protected speech, arguing that when Josephson communicated his views regarding the proper treatment of youth experiencing gender dysphoria, “he was speaking on a matter of public concern, engaging in speech related to teaching and scholarship, and engaging in expression the First Amendment protects.”

What is Alliance Defending Freedom?

Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance is a specialized division that offers tailored legal assistance to religious organizations. This branch focuses on safeguarding the essential freedoms of faith-based groups, working to ensure they can freely exercise and express their beliefs without facing unwarranted restrictions or obstacles.

In its ruling on Josephson v. Ganzel, the court found that Josephson “engaged in protected speech when he spoke as part of the Heritage Foundation panel.” The judges emphasized that “Defendants should have known that Josephson’s speech was protected and that retaliating against Josephson for his speech would violate his First Amendment rights.”

The court rejected the university officials’ claims of qualified immunity, stating it was “clearly established that public employees have a right to speak on a matter of public concern regarding issues outside of one’s day-to-day job responsibilities.”

In a statement on Alliance Defending Media, ADF Senior Counsel Travis Barham, who represented Josephson, said public universities have no business punishing professors simply because they hold different views than a few colleagues or administrators. “The court’s decision affirms that basic truth. Dr. Josephson had a long and distinguished career at the University of Louisville, leading and rebuilding its child psychiatry program. On his own time, he spoke about treatments for children struggling with their sex, and the University punished him for expressing his opinion. That’s exactly what the First Amendment prohibits, and when public universities disregard our nation’s highest law, they must be held accountable. We look forward to continuing to protect Dr. Josephson’s clearly established right to free speech and reminding all public universities that they are marketplaces of ideas,” Barham said.

The ruling affirms a lower court’s decision that a jury should hear Josephson’s claims. The case will now return to the district court for trial, where a jury will determine if university officials retaliated against Josephson for his protected speech.

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