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Mitchell v. The University of North Carolina Board of Governors

Description:  A college professor is challenging his school after his employment was terminated over a strongly-worded letter the professor wrote to a colleague who denied funding to an academic conference.


An empty university classroom
Thursday, May 30, 2024

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom, regarding a friend-of-the-court brief ADF attorneys filed Wednesday with the Supreme Court of North Carolina in Mitchell v. The University of North Carolina Board of Governors, a case in which a college professor is challenging his termination from employment simply because he sent a letter to a colleague that was critical of her decision to deny funding for the professor and students to attend an academic conference:

“American democracy thrives when free speech is allowed to flourish, and that is especially true on college campuses. University professors should feel confident that they can speak freely, even if their speech may upset or offend university officials. Here, people can agree or disagree with what Dr. Mitchell said in his letter and how he said it. ADF takes no position on either issue. But we should all agree that Winston Salem State University was wrong to terminate Dr. Mitchell’s employment over that letter, and the lower court was wrong to rule that the First Amendment does not protect Dr. Mitchell’s expression. While we believe it is important to communicate in a civil and respectful manner, speech does not receive less protection simply because others disagree with the tone or language employed. So we are urging the court to reverse the lower court ruling and to protect free speech and academic freedom for all professors of all persuasions.”

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.

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ABOUT Tyson Langhofer

Tyson Langhofer serves as senior counsel with Alliance Defending Freedom and director of its Center for Academic Freedom. Before joining ADF, Langhofer was a partner with Stinson Leonard Street LLP, where he worked as a commercial litigation attorney for 15 years and earned Martindale-Hubbell’s AV Preeminent® rating. Langhofer earned his Juris Doctor from Regent University School of Law, where he graduated cum laude in 1999. He obtained a B.A. in international business with a minor in economics from Wichita State University in 1996. A member of the bar in Virginia, Kansas, and Arizona, Langhofer is also admitted to practice in numerous federal district courts.