Filed Date: Dec. 16, 2022
Closed Date: April 25, 2024
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This is a case about a professor alleging his free speech rights were violated when he was fired after hosting some controversial, optional lectures at the Governor's School of North Carolina, a summer program for high school students run by the state. On December 16, 2022, an English professor who taught at the North Carolina Governor’s School filed this lawsuit in the Wake County Superior Court in the state of North Carolina. The plaintiff sued North Carolina education officials pursuant to the North Carolina Constitution. Represented by the Alliance Defending Freedom and private counsel, the plaintiff sought job reinstatement, monetary damages, injunctive relief, and attorneys’ fees. He claimed that the school violated his free speech rights when it fired him after he delivered three optional seminars critiquing critical race theory and what he viewed as the increasing bias and lack of viewpoint diversity in higher education. He also alleged that, by firing him, the school had discriminated against him because he was a white Christian man. Finally, he alleged that the school had fired him for arbitrary and capricious reasons, which violated the clause of the North Carolina Constitution that guarantees people "the enjoyment of the fruits of their own labor."
On February 16, 2023, the defendants filed a motion to dismiss. They argued the complaint should be dismissed for lack of personal and subject matter jurisdiction and because it failed to state a claim. The defendants contended that the plaintiff had not sufficiently alleged constitutional violations, that he lacked a property interest in continued employment at the school, and that the lawsuit was barred by sovereign immunity. As to the alleged constitutional violations, the defendants argued that the plaintiff's speech was not protected, that the plaintiff's interests were outweighed by the school's interests, and that the plaintiff failed to sufficiently allege causation. Further, the defendants contended that the plaintiff had not sufficiently alleged that the school fired him due to his race, sex, or religion.
On May 15, 2023, the court granted in part and denied in part the motion to dismiss. It denied the motion as to Count I (which alleged free speech violations), Count II (which alleged race discrimination), and Count IV (which alleged discrimination based on multiple characteristics). The court granted the motion as to Count III (which alleged religious discrimination) and Count V (which alleged violations of the Fruits of Their Labor Clause), dismissing these claims from the lawsuit.
According to the Alliance Defending Freedom, the parties reached a settlement agreement favorable to the plaintiff in April 2024, in which the North Carolina’s Governor School paid the plaintiff approximately four years of his annual stipend and “adopted a policy to respect faculty free speech in its elective seminars.”
On April 25, 2024, the plaintiff filed a voluntary dismissal of the action with prejudice against all defendants. This case is closed.
Summary Authors
Venesa Haska (4/4/2024)
Nicole Brigstock (11/30/2024)
Last updated Aug. 30, 2023, 1:37 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: North Carolina
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Key Dates
Filing Date: Dec. 16, 2022
Closing Date: April 25, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An English professor at North Carolina Governor’s School, a residential summer program for the state’s gifted and talented rising high-school seniors.
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Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
North Carolina Department of Public Instruction, State
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Case Details
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Outcome
Prevailing Party: Plaintiff
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Issues
General/Misc.:
Discrimination Area:
Discharge / Constructive Discharge / Layoff
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