Judge orders LSU to reinstate law professor sidelined for political comments

A state judge has ordered LSU to allow its law professor Ken Levy to return to teaching duties. The university had removed Levy from the classroom pending an investigation into alleged criticism of Gov. Jeff Landry.

Levy, a tenured professor of constitutional and criminal law, sued the university earlier this week, saying it violated his First Amendment rights and its own policies regarding tenured faculty.

Judge Don Johnson of the 19th Judicial District granted Levy’s request for a temporary restraining order that would allow him to return to the classroom for at least the next week. Johnson set a hearing for an injunction on Feb. 10. Read the judge’s order below.

“Professor Levy is looking very much forward to his day in court,” Jill Craft, Levy’s attorney, said in an interview. “The rights that are at stake are critical to the foundation of this country.”

Levy alleged in his lawsuit that political comments made on the first day of his Administration of Criminal Justice course were reported to the governor, which he believes led to calls to the university administration about his comments.

In an affidavit to the court, Levy says that he brought up Landry’s reaction to comments of fellow law professor Nick Bryner during class. Levy asked his students not to record his lectures because he didn’t want to be targeted by Landry.

In November, Landry publicly asked LSU to discipline Bryner last year for his comments about President Trump the day after the presidential election. A video of Bryner’s comments were sent to the governor, who then circulated the video on social media.

“If Governor Landry were to retaliate against me, then f*** the governor and f*** that. — all of which was a joke and clearly said in a joking manner to highlight my no recording policy in class and the First Amendment,” Levy wrote in the affidavit.

Levy argues in the affidavit that the actions taken against him stifle not only his right to free speech and academic freedom but that of other faculty members. His lawsuit focuses not just on the First Amendment but on LSU’s own policies regarding tenured faculty.

Tenure provides an indefinite academic appointment to qualifying faculty members who have demonstrated excellence in their field. Academics with tenure can only be terminated for cause, but it typically only happens in extreme circumstances. College faculty view tenure as a key part of academic freedom at universities and a shield against political, corporate and religious intervention.

Levy attached a letter in his suit from LSU Director of Employee Relations Lindsay Madatic that informs Levy of his removal from the classroom “pending an investigation into student complaints of inappropriate statements.” Madatic writes his compensation will remain unchanged and that he is permitted on campus.

Jill Craft, Levy’s attorney, argues Madatic does not have the authority to discipline him.

In her request for a temporary restraining order, Craft said that LSU does not have a policy that allows for relieving a tenured professor of his or her duties.

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LSU has several policy statements and permanent memoranda that address disciplining a tenured faculty member. These policies call for several layers of review, all of which require peer faculty input. None of this happened before Levy was removed from his classes, which Levy and Craft contend is a form of discipline.

“No matter how characterized by LSU, its actions in unilaterally relieving [Levy] of his teaching duties violate his substantive and procedural rights,” Craft wrote.

LSU Faculty Senate President Dan Tirone said the only time he was familiar with a professor being removed from the classroom pending an investigation involved Title IX allegations or other types of abuse. In those cases, the professor would also be prevented from accessing campus for safety reasons.

The removal of Levy from the classroom led to significant backlash from the public and from LSU law students, who staged a protest Tuesday in his defense. The students delivered a petition to university general counsel Winston DeCuir calling for Levy to be reinstated, apologized to and for complete transparency into the disciplinary process.

DeCuir has since tendered his resignation.