Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
Jack Lipton was a prominent professor and administrator at Michigan State University, and in 2023-24 “he served as the Faculty Senate Chair,” “the liaison between the MSU faculty” and the MSU Board of Trustees, which is elected statewide. He got into a dispute with two members of the BOT, Chair Rema Vassar and member Dennis Denno. Here’s the backstory, from the May 28 decision by Chief Judge Hala Jarbou (W.D. Mich.) in Lipton v. Mich. State Univ. Bd. of Trustees (appeal pending):
[According to the Complaint, on] October 20, 2023 (the early days of Lipton’s tenure as the Faculty Senate Chair), [BOT member Brianna] Scott sent an open letter to her fellow BOT members. The letter accused BOT Chair Vassar of ethical violations and called for Vassar’s resignation. A week later, on October 27, 2023, the BOT held a highly attended meeting to discuss Vassar’s alleged misconduct and whether she should resign. Lipton spoke at this meeting in his capacity as Faculty Senate Chair, reading a resolution the Faculty Senate passed that called for Vassar’s resignation.
According to the amended complaint, the meeting was contentious and chaotic, and whenever “any meeting attendee spoke in support of holding Vassar accountable for her actions as outlined in Scott’s letter, Vassar supporters interrupted and jeered them and attempted to prevent them from completing their statements.” The typical rules regarding permission to speak were ignored, and the BOT Secretary was pressured to allow nonregistered speakers to voice their support for Vassar. There was a lack of order, culminating in police officers escorting at least one attendee from the meeting.
After the meeting, a reporter asked Lipton whether he thought the faculty’s concerns, and the general allegations against Vassar, had been sufficiently addressed. Lipton, clarifying that “he would speak [to the reporter] as a private individual and not on behalf of the Faculty Senate,” said: “The board meeting yesterday, filled with Chair Vassar supporters, demonstrated Trustee Scott’s charges of intimidation and bullying in action. The chaos brought and disrespect shown by her supporters could have been stopped by a single statement from Chair Vassar, yet she elected to let the mob rule the room.”
In the wake of Lipton’s comment, Vassar and her BOT colleague Denno allegedly began a retaliation campaign against Lipton. Vassar and Denno met with MSU students, encouraging them to publicly condemn Lipton and file complaints of racial discrimination against him. Vassar’s supporters and associates published statements and op-eds calling Lipton racist, anti-Palestinian, and anti-Muslim, citing his use of the term “mob” to describe the crowd. According to a third-party investigator that MSU hired, Vassar and Denno advised students and supporters on how to attack Lipton for his statement, coordinating with them on the phrasin
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
