UPDATED
Jensen alleges administrators punished him for speaking out against curriculum changes
A Nevada professor who says he was punished for criticizing his college’s decision to lower math standards won a victory in appeals court Tuesday.
The Ninth Circuit Court of Appeals ruled that a lower court “erroneously” dismissed Professor Lars Jensen’s case against Truckee Meadows Community College in Reno, according to a news release from the Foundation for Individual Rights and Expression.
The court also concluded that college administrators likely violated Jensen’s free speech rights when they disciplined him for speaking out.
“The college’s actions tarnished my reputation and chilled my speech,” Jensen (pictured) stated in the news release. “The Ninth Circuit’s decision vindicates my First Amendment rights and allows me to have my day in court.”
The judges sent Jensen’s case back to the district court level for review, ruling:
Jensen pleaded a First Amendment violation because (1) Jensen’s criticism of the changes in the college mathematics curriculum addressed a matter of public concern; (2) the speech, related to scholarship or teaching, was not barred from First Amendment protection, even if Jensen spoke pursuant to his official duties;(3) Jensen sufficiently alleged that the adverse employment actions were motivated, at least in part, by his speech; and (4) the Administrators had not made a showing of an ‘actual, material and substantial disruption’ or ‘reasonable predictions of disruption’ to support their claim that the state’s interests outweighed Jensen’s.
“This decision is a major victory for the free speech rights of academics,” FIRE attorney Daniel Ortner, who is representing Jensen, said in the news release. “This decision will protect professors from investigation or threats of termination for their speech, and promote accountability for administrators who violate the First Amendment.”
When contacted Tuesday about the ruling, the college declined to comment.
“Because this is in litigation, TMCC will not make any further comments on this or any personnel matters as we continue focusing on student success and meeting our community’s needs,” spokesperson Kate Kirkpatrick told The Fix via email.
The case stems from incidents that occurred in 2020 and 2021 regarding Jensen’s opposition to proposed curriculum changes. He said the changes basically allowed remedial math classes to count for college credit, The College Fix reported previously.
One of the issues administrators cited was a flyer Jensen created and passed out at a college event. In the flyer, he criticized the proposed changes, saying a student would be allowed to graduate from college while only being “ready for middle school math,” according to the news release.
College administrators accused him of “insubordination” for continuing to hand out the flyer after he was asked not to, and later began termination proceedings against him.
However, in 2021, a faculty review board determined that he should not be fired, The Fix reported at the time.
Editor’s note: This article was updated to include a comment from the college.
MORE: College will not fire professor who defended rigorous math standards
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