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No speech for you: College fires professor for calling America āracist fascist countryā in email to students
When tenured Millsaps College professor James Bowley sent an email sharing his opinion on the outcome of the 2024 presidential election, he didnāt anticipate it would result in his termination. But in a perfect storm of overreach and red tape, thatās exactly what happened.
On Nov. 6, 2024 ā the day after the election ā Bowley the students in his āAbortion and Religionsā class, canceling that dayās session to āmourn and process this racist fascist country.ā With only three students in the class, Bowley got to know them quite well, including their political feelings, and knew canceling class would be best for those students. As Bowley told ¹ū¶³“«Ć½app¹Ł·½, āI just want to be caring and kind to my students, whom I knew would be troubled by the election.ā Bowley wasnāt just trying to get out of work; he did not cancel the much larger first-year writing class session he taught that same day because he had no reason to know how those students felt about the election.
Two days later, Millsaps Provost Stephanie Rolph informed Bowley that he had been placed on temporary administrative leave pending review, for the bizarre offense of using his āMillsaps email account to share personal opinions with [his] students.ā
Thatās right: Millsaps didnāt take issue with Bowley canceling class (likely because theyād have to punish lots of people; professors cancel class for all of ). The only cited reason was the use of his email to share personal opinions with students, which unsurprisingly is not an actual policy violation. Thatās right: The college simply fabricated a policy violation so it could punish a professor for his speech. Frank Neville, president of the private college, has ignored hundreds of calls to reinstate Bowley, who was unable to do his job for over three months until yesterday, when he was eventually fired.
Welcome to Millsaps, a labyrinth of academic bureaucracy where personal opinions may not be shared.
Professor punished without due process
Everything about Bowleyās treatment goes directly against Millsapsā own of āfreedom of speech and expression.ā While Millsaps is a private institution not bound by the First Amendment, its commitment to free speech leads any reasonable student or faculty member to believe they are being promised expressive rights that align with the First Amendment.
Courts have recognized protection for a great deal of faculty speech on matters of public concern (say, ) because higher education depends on the wide exposure to of thoughts and ideas. But Millsapsā actions here signal that it doesnāt take its own principles seriously and is making up its own standards for free speech and expression. Thatās not okay with us ā and itās unfair to the students and faculty of Millsaps.
Not only did ¹ū¶³“«Ć½app¹Ł·½ request that Millsaps drop the investigation and reinstate Bowley, but so did more than 100 , reportedly, (pretty impressive for a college of only about 600) and over 500 . And when Bowley contested the provostās decision to place him on leave, a grievance committee made up of faculty members determined that Millsaps couldnāt identify a single policy that Bowley had violated. The committee that Bowley be reinstated immediately.
FIRE remains by Bowleyās side, fighting for his return to teaching ā and his right to share his opinions with students.
The grievance committee, like ¹ū¶³“«Ć½app¹Ł·½, also found that Bowley was not afforded proper due . Bowley was placed on leave before receiving a hearing and final determination. By doing so, the provost created an intermediary step in the process of dismissing a professor that exists nowhere in the handbooks ā all without Bowley having any prior violations or disciplinary actions taken against him.
But Neville seemed unfazed by the calls from the Millsaps community and unconvinced by the facts presented to him. On Jan. 10, Neville denied the grievance committeeās recommendation and doubled down on Bowleyās leave being both justified and necessary, without explanation.
to reinstate Bowley continued, this time reaching tens of thousands of people. But that still wasnāt enough. On Jan. 14, Bowley was told in a meeting that he was fired for not exercising restraint and not clarifying that his views were not that of the collegeās. To be clear: The college fired Bowley for an offense ā not clarifying that his views were not that of the collegeās ā of which he wasnāt accused. Itās no surprise that Bowley could not extricate himself from what Millsaps made into an impossible situation.
Ferris State cannot punish professor for comedic ā and now viral ā video jokingly referring to students as ācocksuckersā and āvectors of diseaseā
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Itās a joke, people. But violating faculty rights is not.
Even if the college had originally charged Bowley with not clarifying that his views were not that of the collegeās, his email to his class still wouldnāt qualify. Whatever interest Millsaps may have in preventing faculty from purporting to speak on its behalf does not justify automatic punishment for simply not asserting that one isnāt speaking for the college. In fact, the Supreme Court has held that a teacher could not be punished for a letter to the editor he wrote in which he identified himself as a teacher at a certain school. Just because Bowley is identified as working at Millsaps (via his faculty email), doesnāt mean his speech is transformed into speech on behalf of the college.
Millsaps cannot overcome this principle just because it wants faculty to indicate whether views expressed āare individual or those of the institution.ā Nothing in Bowleyās email can reasonably be interpreted as speaking on behalf of Millsaps, as it is commonly understood that when using their college email, faculty members are speaking for themselves rather than conveying that they speak for their employer. And here, Bowley was very clearly sharing an opinion ā a criticism of an election outcome ā that any reasonable person would understand as being his own opinion.
Bowley told FIREyesterday: āI love Millsaps College and even more I love my students, but censorship by an administration by definition means that it is not education anymore; it is not a legitimate college.ā
FIRE remains by Bowleyās side, fighting for his return to teaching ā and his right to share his opinions with students.
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