First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Federal judge tosses former student's political-bias suit

By The Associated Press
04.30.07

PHILADELPHIA — A federal judge last week sided with Temple University and dismissed a former student’s lawsuit alleging that he was denied a master’s degree because of his political views.

Former graduate student Christian DeJohn, 37, of Wyncote, sued the university and two of its professors, saying he was denied his degree because of his views on the Iraq war. Attorneys for the university said DeJohn was a marginal learner who turned in an awful thesis.

Before a jury could take up the case, U.S. District Judge Stewart Dalzell ruled April 26 in favor of the university on DeJohn’s allegations that his constitutional free-speech and equal-protection rights had been violated. The court earlier dismissed counts alleging violation of civil rights and other protections.

“In short, his academic performance just wasn’t good enough,” Temple attorney Joe H. Tucker Jr. said. “It had nothing to do with his First Amendment rights and had everything to do with Temple professors’ academic freedom to grade a student’s poorly written, poorly constructed ... thesis.”

The judge earlier upheld DeJohn’s objections to former provisions of the university’s sexual harassment policy. On April 26, he barred Temple from re-implementing the policy but awarded DeJohn only one dollar in damages. University attorneys have appealed but said the policy had already been changed.

DeJohn entered the master’s program in January 2002 but took a leave of absence after the first semester to serve in Bosnia with the Pennsylvania Army National Guard.

While away, he said he received anti-war e-mail from a mass list-serve at Temple that included professors. DeJohn asked to stop receiving the e-mail, but upon his return said he lost the support of the history department faculty and subjected to personal attacks, his attorney said.

Attorney David A. French of the Alliance Defense Fund, a Christian legal group based in Scottsdale, Ariz., said his client was disappointed with the April 26 decision.

“The jury had heard a lot of evidence and Christian was eager to see what the jury thought,” he said.

French said, however, that the ruling on the harassment code guaranteed greater academic freedom for all Temple students. DeJohn’s suit, citing provisions barring “generalized sexist remarks” or conduct that “implies a discriminatory hostility,” said the code was vague and overly broad.

“Harassment is not something that hurts your feelings,” French said. “What is unlawful is conduct that is so severe and pervasive that it disrupts my ability to get an education.”

DeJohn previously testified before a state legislative panel investigating whether Pennsylvania’s public colleges and universities are hospitable to divergent intellectual and political views. The panel concluded that political bias was rare at state universities, but recommended that schools review academic-freedom policies.


Related

2 students accuse Pa. universities of free-speech violations

Sophomore's lawsuit claims Penn State has 'Orwellian speech code'; Temple grad student says he's suffered 'retribution and retaliation' for his views on Iraq war. 02.24.06

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Tuesday, February 9, 2010 | 14:11:45
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links