(NEW YORK)—PEN America has filed an amicus brief in the Ninth Circuit Court of Appeals in support of a University of Washington professor who brought a lawsuit alleging a violation of his First Amendment rights.
After the university encouraged faculty to include on their syllabi a land acknowledgment, detailing the indigenous people who were once the land’s stewards, Professor Stuart Reges included his own version, which he claimed was meant to provoke and make fun of land acknowledgements. His statement on his syllabus proved highly controversial, with many students and other community members voicing deep offense and hurt. In response, the University removed the statement and launched an investigation for further disciplinary measures against the professor.
The District Court in Washington agreed, finding that the statement disrupted university life to a degree necessary to suppress the professor’s speech.
PEN America disagrees, and in its brief filed on Monday, urged the court to reverse a district court ruling that effectively held that subjective offense constitutes sufficient disruption to outweigh First Amendment interests.
“Defending academic freedom will often require defending speech that some find offensive, as well as making an investment in creating alternative ways of addressing and repairing harm that do not involve censorship,” PEN America’s brief stated. “These conflicts arise frequently in higher education; rigorous debate, working through deep disagreement, and developing greater knowledge are the lifeblood of academia.”
“The lower court’s decision sets a dangerous precedent for academic freedom,” said Katie Blankenship, senior legal counsel with PEN America. “While universities have a responsibility to ensure that their learning environments are inclusive and equally accessible to all students, censorship of offensive speech is never the answer to address harm. Friction and tension over controversial ideas are inherent to the project of the academy, and defending freedom of speech necessarily means defending speech that many may disagree with. The District Court’s finding that the offense Professor Reges’ statement generated was disruptive enough to justify restricting his speech is inconsistent with the First Amendment and could have disastrous consequences for academic freedom.”
“We find ourselves in a rapidly changing world, rife with polarization and movements to censor academia, arts, and culture,” the brief stated. “In these troubled times, there is deep confusion and debate about how we can create welcoming and inclusive learning environments, particularly in higher education. But these challenges require great diligence to ensure that the university can continue to operate as the marketplace of ideas.”
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057