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  • Shawnee State University Says Refusal To Use Students' Preferred Pronouns Is Not Protected Speech

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    The College Fix
    2K просмотров38 страниц
    In a motion to dismiss a lawsuit by a professor, the public university argues that Nicholas Meriwether doesn't have a constitutional right to refuse to use students' preferred gender pronouns in class. His "teaching method" - referring to all students as "mister" or "miss," except for transgender students - does not constitute "academic discourse," and he's not speaking as a "private citizen" when he teaches, the university says. At issue is a Supreme Court precedent known as Garcetti. Read the story: https://www.thecollegefix.com/public-university-sued-for-threatening-professor-who-refused-to-call-male-student-miss/

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    Shawnee State University says refusal to use students' preferred pronouns is not protected speech

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    In a motion to dismiss a lawsuit by a professor, the public university argues that Nicholas Meriwether doesn't have a constitutional right to refuse to use students' preferred gender pronouns in class. His "teaching method" - referring to all students as "mister" or "miss," except for transgender students - does not constitute "academic discourse," and he's not speaking as a "private citizen" when he teaches, the university says. At issue is a Supreme Court precedent known as Garcetti. Read the story: https://www.thecollegefix.com/public-university-sued-for-threatening-professor-who-refused-to-call-male-student-miss/

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    2K просмотров38 страниц

    Shawnee State University Says Refusal To Use Students' Preferred Pronouns Is Not Protected Speech

    Загружено:

    The College Fix
    In a motion to dismiss a lawsuit by a professor, the public university argues that Nicholas Meriwether doesn't have a constitutional right to refuse to use students' preferred gender pronouns in class. His "teaching method" - referring to all students as "mister" or "miss," except for transgender students - does not constitute "academic discourse," and he's not speaking as a "private citizen" when he teaches, the university says. At issue is a Supreme Court precedent known as Garcetti. Read the story: https://www.thecollegefix.com/public-university-sued-for-threatening-professor-who-refused-to-call-male-student-miss/

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    Case: 1:18-cv-00753-SJD-KLL Doc #: 22 Filed: 01/07/19 Page: 1 of 38 PAGEID #: 551. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO. WESTERN DIVISION NICHOLAS K. MERIWETHER, Plaintiff, v THE TRUSTEES OF SHAWNEE STATE UNIVERSITY, et al., Defendants. : CASE NO, 1:18-cv-00753 JUDGE DLOTT MAGISTRATE JUDGE LITKOVITZ 1S’ MOTION TO DISMISS Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Defendants respectfully move this Court to dismiss the claims of Plaintiff Nicholas Meriwether in this matter. As set forth in the attached Memorandum in Support, Plaintiff fails to state any claims upon which relief can be granted, and this case should be dismissed in its entirety, Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s/ Rory P. Callahan RORY P. CALLAHAN (0072021) Trial Counsel ANNA M. SEIDENSTICKER (0046761) Principal Assistant Attomeys General Employment Law Section 30 East Broad Street, 23" Floor Columbus, Ohio 43215-3167 (614) 644-7257 - Telephone (614) 752-4677 ~ Facsimile Case: 1:18-cv-00753-SJD-KLL Doc #: 22 Filed: 01/07/19 Page: 2 of 38 PAGEID #: 552 HANNAH STONEBURNER (0092480) Associate Assistant Attomey General Education Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215-3167 (614) 644-7250 - Telephone (877) 647-2550 - Facsimile Hannah, stonebumer@ohioattomeygeneral.gov Counsel for Defendants Case: 1:18-cv-00753-SJD-KLL Doc #: 22 Filed: 01/07/19 Page: 3 of 38 PAGEID #: 553 TABLE OF CONTENTS TABLE OF AUTHORITIES... MEMORANDUM IN SUPPORT, 1 Introduction and Plaintiff's factual allegations., I. Meriwether’s pleading burden and the standard of review. 6 TI — Law & Argument.. A. The individually-named members of the Board of Trustees and Department Chair Jennifer Pauley should be dismissed.. 8& B. Meriwether fails to state a claim upon which relief can be granted against any of the Defendants 10 1. Meriwether’s “First Cause of Action” does not state a claim upon which relief can be granted because his refusal to use a pronoun or title in addressing one student in his classroom was not “speech” protected by the First Amendment, and the University was within its rights to direct him on how to address the student, and he did not suffer an adverse employment action 10 2. Meriwether’s “Second Cause of Action” also fails to state a claim upon which relief can be granted as it does not base a claim upon “speech” protected by the First Amendment, and his claim of “content” or “viewpoint discrimination” and unconstitutional overbreadth are without merit. 16 3, Meriwether’s “Third Cause of Action” for “compelled speech” also should be dismissed because his “speech” is not protected by the First Amendment... 19 4, Meriwether’s “Fourth Cause of Action” for violation of his rights to freely exercise his religion does not state a claim upon which relief can be granted... 20 5. Meriwether’s “Fifth Cause of Action” for being subject to unconstitutional conditions” does not state a 21 im upon which relief can be granted . 6. Meriwether’s “Sixth Cause of Action” and Due Process Claim(s) that the University’s non-discrimination policies are “overbroad” or “vague” are without merit and should be dismissed. 22

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