6th Circuit vindicates Louisville professor's freedom of speech

Appeals court rules that University of Louisville officials must stand trial for retaliating against Dr. Allan Josephson after he expressed personal views

CINCINNATI – In a victory for free speech in higher education, the U.S. Court of Appeals for the 6th Circuit ruled Tuesday in favor of a professor whom University of Louisville officials demoted, harassed, and then fired because of his views on gender dysphoria, sending his case back to the district court for trial. Alliance Defending Freedom attorneys representing Dr. Allan Josephson argued before the 6th Circuit in July, asking the court to allow the professor’s case Josephson v. Ganzel to proceed to trial.

“Public universities have no business punishing professors simply because they hold different views than a few colleagues or administrators,” said ADF Senior Counsel Travis Barham, who argued before the court. “The court’s decision affirms that basic truth. Dr. Josephson had a long and distinguished career at the University of Louisville, leading and rebuilding its child psychiatry program. On his own time, he spoke about treatments for children struggling with their sex, and the University punished him for expressing his opinion. That’s exactly what the First Amendment prohibits, and when public universities disregard our nation’s highest law, they must be held accountable. We look forward to continuing to protect Dr. Josephson’s clearly established right to free speech and reminding all public universities that they are marketplaces of ideas.”

After Josephson spoke in his personal capacity at a Heritage Foundation panel discussion about his views on how best to treat children experiencing gender dysphoria, university officials demoted him to the role of a junior faculty member, stripped him of teaching duties, and subjected him to other forms of hostility. In February 2019, the university announced that it would not renew his contract in June, a highly unusual decision that terminated his employment at the university and ended his 40-year career. After he sued the school, a federal district court ruled in March 2023 that a jury should hear his claims that university officials retaliated against him for his constitutionally protected speech. The 6th Circuit affirmed the lower court’s decision, ruling that university officials had to stand trial.

“Viewing the evidence in the light most favorable to Josephson, as we must, Josephson has shown that he engaged in protected speech when he spoke as part of the Heritage Foundation panel,” the court wrote in its opinion. “Defendants should have known that Josephson’s speech was protected and that retaliating against Josephson for his speech would violate his First Amendment rights.”

• Pronunciation guide: Barham (BEAR’-um)

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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