BATON ROUGE, La. — A judge has ordered Louisiana State University to fully reinstate a professor who was removed from his teaching duties last month after he used vulgar language to criticize Gov. Jeff Landry and President Donald Trump during a lecture.
The ruling, which allows tenured law professor Ken Levy to return to his classroom this week, was issued following the conclusion of Tuesday’s hearing over a lawsuit Levy filed against the university. During two days of testimony, law students and another professor spoke about the “chilling effect” Levy’s removal had on them and that it exacerbated fears over speaking freely in the classroom.
“Everyone was vulnerable if I lost this,” Levy said outside of the Baton Rouge courthouse Tuesday night, specifically speaking about other university faculty members and students. “So my win is their win.”
The legal battle stems from an anonymous student complaint pertaining to what the professor said on the first day of a criminal justice course in January.
A transcript of a recording taken in the class, shared in court and published by The Advocate, showed that Levy said “f(asterisk)(asterisk)(asterisk) the governor” as well as told students he could put them in jail if they broke his no-recording policy. Levy said that the comments were made in a “joking manner” and multiple students who testified also interpreted it as humor.
Additionally, Levy — who told students he was a Democrat — used the expletive to talk about Trump, referring to the November presidential election and saying “I couldn’t believe that f(asterisk)(asterisk)(asterisk)(asterisk)r won.”
Within a few days, university administration informed Levy he had been relieved from his teaching responsibilities “pending an investigation into student complaints of inappropriate statements made in your class,” according to Levy’s lawsuit.
Levy’s attorney, Jill Craft, said that the professor’s removal violated his academic freedom and lacked his right to due process. Jimmy Faircloth, Jr., an attorney representing the university, argued that initial findings showed Levy had created a classroom environment that could be demeaning to some students, specifically those who don’t share the same political views as the professor. Faircloth also said that the lawsuit was premature, as Levy was only removed from his classroom — but still being paid and allowed to be on campus — as a full investigation continued.
In his ruling from the bench on Tuesday night, 19th Judicial District Judge Tarvald Smith said he saw no problem with Levy’s vulgarity under the context presented and that negative comments about politicians are “a way of life.”
Additionally, Smith said he hopes the state-funded university will allow professors to “invite rigorous debate and dialogue” to prepare law students who are going into a career field where they will face opposing opinions every day.
“Your client should get back to the business of training lawyers and let professors teach,” Smith told Faircloth.
Throughout the hearing, one name repeatedly mentioned was Gov. Landry, a Republican and ally of Trump’s. Since taking office last year, Landry has made national news for his sweeping conservative agenda, which includes a law requiring that the Ten Commandments be posted in every public classroom, a Texas-style immigration measure, expansion of death row execution methods and a measure classifying abortion pills as dangerous controlled substances.
Last November, Landry publicly called on Louisiana State University to discipline another law professor, Nicholas Bryner, who during a lecture criticized Trump and students who voted for him. Bryner remains employed by the school. Levy cited that particular situation as a reason for his no-recording policy in class.
In Levy’s case, Landry also took to X, saying the professor’s conduct “should not be tolerated.” Levy testified that he received death threats following the governor’s post.
Landry’s office did not respond to an emailed request for comment on Tuesday.
While it has been questioned by some residents, students and Levy’s attorney if the governor played any role in the professor’s removal, Faircloth said that is “a conspiratorial narrative” and there was “no political motivation.”
University President William Tate IV testified on Tuesday, that it was solely his decision to remove Levy, adding that he “never talked to the governor about this matter.” Tate said he reviewed a transcript of what Levy said and felt the “totality of it was over the line of what I would expect to see in a classroom.”
Other’s continue to have worries that their lectures may be scrutinized, especially if they oppose the views of a sitting elected official. Among those with trepidation is Professor Patrick Martin IV, who teaches jurisprudence and says he may discuss Louisiana’s new embattled Ten Commandments requirement.
“Is it possible I’m going to be suspended?,” Martin asked in court. “That’s a real fear.”