FREE SPEECH: Court allows First Amendment claim based on alleged professor retaliation for paper ‘harshly critical of … lesbianism.’ “The Court questions whether a university can have a legitimate pedagogical interest in inviting students to engage in ‘incendiary’ and provocative speech on a topic and then punishing a student because he or she did just that. Simply because Plaintiff expressed views about homosexuality that some people may deem offensive does not deprive her views of First Amendment protection. Plaintiff has made out a plausible case that Hinkley ostracized her because of Hinkley’s personal disagreement with Plaintiff’s ideology, and not for a legitimate pedagogical purpose.”
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