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Following Professor Scott Gerber’s vocal opposition to his school’s diversity, equity, and inclusion policies, Ohio Northern University ordered campus police to yank him out of class and march him to the dean, who demanded Gerber’s immediate resignation. A judge  the school’s apparent “callous disregard for due process,” but because Gerber had the courage to fight back in court, ONU took things even further — filing a federal lawsuit to shut him up.

But Gerber is not having it. A longtime  of ONU’s initiatives around DEI, Gerber’s objections made him a target of administrators, who launched an investigation into him in January 2023. From then until his sudden termination, ONU outright refused to disclose the specific accusations against him. When the school finally told Gerber he lacked “collegiality,” FIREexplained to ONU that this charge looked a lot like retaliation for his views on DEI, which would be a stark violation of the university’s commitment to academic freedom. We called on ONU in March, and again in May, to provide Gerber with the specifics of its collegiality concerns, to no avail. 

Out of work and still wondering what he did wrong, Gerber took ONU . His  centered on the university’s failure to provide him with the specific grounds for dismissal. This fundamental principle of due process protects the right of the accused to defend themselves. After all, if you don’t know what you’re accused of doing, it’s impossible to prove your innocence. Universities provide due process to ensure accurate disciplinary determinations, especially when a tenured professor’s livelihood hangs in the balance. That’s why an Ohio state court  Gerber’s breach of contract claim to proceed, criticizing ONU’s “troubling . . . lack of any detailed determination” of how its allegations “affected his fitness as a faculty member.” 

That case is now headed to trial. 

Professor suspended for reasons unknown — even to him 

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Why did Ohio Northern University suspend professor Scott Gerber? We have no idea, and neither does he.

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But for  his rights in state court, ONU sued Gerber in federal court on Jan. 20, claiming Gerber’s “perverted” lawsuit is apparently an “attempt to accomplish . . . personal vendettas” and “unleashing political retribution” against ONU — notwithstanding the state court holding Gerber’s claims warranted proceeding to a jury. ONU’s suit claims Gerber’s “true goal is to manufacture outrage, to influence political retribution, and to extract vengeance against” ONU. According to the lawsuit, Gerber’s attempt to hold the university to its own policies is an unlawful “abuse of process.” 

Disturbingly, the crux of ONU’s complaint rests on Gerber’s protected speech. The university faults Gerber for expressing accurate information about his ordeal in the  and through a  published by his attorneys at America First Legal, maligned by ONU as a “manufactured narrative” designed to “manufacture outrage.” Yet Gerber and America First Legal cite the university’s own words and policies to make his case, which a state court has allowed to proceed by rejecting ONU’s efforts to dismiss his claims.

The irony of ONU refusing to provide Gerber with the bare minimum of process before summarily terminating him, then launching a whole federal lawsuit instead to get him to stop fighting, is palpable.

ONU’s suit is a classic example of abusing the legal system to silence your critics. Such a strategic lawsuit against public participation, or SLAPP, is a tactic that seeks solely to impose punishing litigation costs on their targets. The lawsuit is the punishment. Gerber must now bear the burden of defending this meritless suit while he prepares for trial in state court.

Why ‘SLAPP’ lawsuits chill free speech and threaten the First Amendment

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You can’t use the legal system to punish people for speech you don’t like.

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On a larger note, if nonprofits like FIREcannot convey truthful information about the cases we litigate without incurring a separate lawsuit, that will imperil a wide array of civil rights advocacy. Defending against an onerous SLAPP puts further strain on the already limited resources dedicated to protecting civil liberties.

Terminated professors must turn to courts to vindicate their rights as the option of last resort, and the First Amendment protects their right to do so. When universities seek in turn to use courts to bully professors into submission, judges must firmly reject these thinly veiled attempts to achieve censorship by lawsuit. 

We’ll keep our readers updated. 

FIRE defends the rights of students and faculty members — no matter their views — at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, . If you’re a faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533). If you’re a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734).