Tennessee Tech Professors First Amendment Case Against University Dismissed
Image Credit: Tennessee Tech University / Facebook
The Tennessee Conservative [By Jason Vaughn] –
A federal judge upheld disciplinary action taken against two professors at Tennessee Tech after they posted fliers around the campus, calling another professor a “racist.” The pair attempted to sue the university but lost the case last week.
Andrew Smith is an English professor and Julia Gruber is a German professor at the university. They created and posted fliers in February 2021 with a picture of Andrew Donadio, an assistant professor of nursing. Donadio is also a member of the Putnam County Commission.
Donadio also acts as faculty advisor for the TTU chapter of Turning Point USA, a conservative organization that “empowers citizens of all ages to Rise Up against the radical left in defense of freedom, free markets, and limited government.”
The group also produces a “Professor Watchlist” to “expose and document college professors who discriminate against conservative students and advance leftist propaganda in the classroom.”
After investigating the incident, Tennessee Tech Provost and Vice President for Academic Affairs Lori Bruce came to the decision that the two wanted to target Donadio, as well as threaten students who participated in Turning Point. Gruber and Smith, however, argued that they were acting as private citizens and not as representatives of the university.
Gruber and Smith were disciplined by the university for violating their code of conduct regarding fostering “diversity, fair treatment and respect for all.” Part of that discipline involved being ineligible for raises for the next year and not being allowed to supervise any student organizations or participate in any faculty-sponsored trips for the next two years.
The pair attempted to sue the university, saying that they were actually attempting to promote diversity by calling Donadio out and that they were not allowed to provide a defense for themselves. They claimed that the university attempted to retaliate against them and violated their First Amendment rights.
Judge Waverly D. Crenshaw, chief judge for the U.S. District Court for the Middle District of Tennessee, disagreed. He ruled on December 1 that the two failed to provide adequate evidence of a violation of the First Amendment and granted a summary judgment, dismissing the case back to the university to handle the sanctions against the pair.
The university stated that it is “pleased with the outcome of the case and looks forward to pursuing its educational mandate and mission to put students first and deliver enduring education.”
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com .
