The College Fix

Judge denies university’s request to dismiss lawsuit, saying First Amendment protects ‘controversial academic speech’

A federal judge refused to dismiss a free speech lawsuit Friday alleging Ohio State University wrongly fired a professor for using the n-word in a class focused on controversial discourse.

The former professor, Mark Sullivan, used “the n-word for an educational purpose” and “that speech is protected” under the First Amendment, U.S. District Judge Michael Watson wrote, according to an excerpt from the ruling published at Reason.

Sullivan is suing the university for firing him in 2021; he wants his job back and damages.

For many years, Sullivan taught a course called “Crucial Conversations” to help students “to communicate productively about difficult topics,” according to the judge’s decision:

“Students begin by critiquing video vignettes of bullying and eventually escalate to simulating difficult conversations themselves in one-on-one and group exercises. Some of these simulations involved mock conflict—complete with intentionally triggering, provocative, disrespectful, or shocking language. Sullivan warned his students in advance that the exercises would involve such language. The theory behind this pedagogy is that a classroom role play provides a low-stakes environment ideal for honing conversational skills.”

During one class in the fall of 2021, Sullivan performed a role-playing scenario in which he portrayed organized crime boss Whitey Bulger and used the n-word.

The scenario and language were an example that he had used 48 times before in other classes without incident, according to the case.

This time, however, a student complained to the university, and administrators launched an investigation; as a result, Sullivan alleges the institution refused to renew his contract.

In its motion to dismiss his lawsuit, the university alleged Sullivan’s use of the racial slur was “so disruptive that it impeded OSU’s ability to fulfill its responsibilities,” the judge wrote.

However, Judge Watson disagreed with the university’s argument.

“If Sullivan uttering the n-word during a Whitey Bulger role play was so disruptive, why would OSU and Defendants allow him to do it 48 times previously?” he wrote.

The judge decided Sullivan’s case may proceed, writing, “The First Amendment forbids public universities from dismissing lecturers because of controversial academic speech.”

Responding, a George Washington University law professor described Watson’s decision as “very strong” in support of “free speech and academic freedom.”

“It is also a compelling reason why Ohio State University needs to have its own ‘Crucial Conversation’ on how it treats free speech,” Professor Jonathan Turley wrote on his blog.

MORE: ‘N-word’ notes at Rhodes College were a hoax

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