A U.S. District Court has ruled in favor of Bruce Gilley, a conservative professor at Portland State University, who filed a lawsuit against the University of Oregon (UO) after being blocked on Twitter for tweeting "All men are created equal." This decision marks a significant victory for free speech advocates and highlights ongoing tensions in academic settings over issues of diversity, equity, and inclusion (DEI).
In June 2022, UO's Equity and Inclusion Twitter account posted a prompt encouraging users to interrupt racism. In response, Gilley retweeted with the phrase "All men are created equal," quoting the Declaration of Independence. This led to Tova Stabin, UO's communication manager for the Division of Equity and Inclusion, blocking Gilley on Twitter. Gilley's tweet and subsequent blocking sparked a legal battle centered on First Amendment rights.
DEI maven and BLM activist Paula Parks of Bakersfield Community College just cost her institution $2.4 million for her ideological attacks on an unWoke professor. https://t.co/mYbVe5L5JG
— Bruce Gilley (@BruceDGilley) July 29, 2024
Gilley argued that the blocking was an act of viewpoint discrimination, violating his constitutional right to free speech. He filed the lawsuit in August 2022, aiming to challenge the university's actions and ensure that government-funded institutions uphold constitutional protections. The case drew significant attention, with Gilley emphasizing the importance of academic freedom and the ability to critique DEI initiatives without facing censorship.
U.S. District Judge Marco Hernandez ruled that Gilley's case could proceed, denying the university's motion to dismiss. However, Judge Hernandez did not grant a preliminary injunction to prevent the university from blocking Gilley again, citing the speculative nature of future blocking. Despite this partial setback, Gilley's legal team, led by the Institute for Free Speech, filed an appeal with the Ninth Circuit Court of Appeals, seeking a reversal of the preliminary injunction decision.
🚨CASE UPDATE: An important win for #freespeech, both online and on campus, in the ongoing @InstFreeSpeech case Gilley v. Stabin. A federal judge has granted the preliminary injunction protecting @BruceDGilley's speech rights. Full press release HERE – https://t.co/GQtjW6FYGb
— Tom Garrett (@TomGarrettIFS) July 24, 2024
The university initially unblocked Gilley and sent a letter affirming that they did not intend to block him again. However, Gilley's attorneys argued that this action was insufficient, as it did not guarantee changes in policy or prevent future incidents of viewpoint discrimination.
The Ninth Circuit's involvement will be crucial in determining whether Gilley's concerns about potential reblocking and viewpoint discrimination are valid and if a permanent injunction is warranted.
This case underscores broader debates within academia regarding free speech and the implementation of DEI policies. Gilley, who has a history of controversial academic work, including a defense of colonialism, has positioned himself as a vocal critic of what he views as the overreach of DEI initiatives. His lawsuit represents a broader pushback against policies perceived to suppress conservative viewpoints on campuses nationwide.
As the case progresses, it will serve as a critical test of the balance between promoting inclusive environments and protecting free speech rights in academic institutions. The outcome could set a precedent for how universities handle similar disputes in the future, influencing the landscape of academic freedom and DEI practices across the country.
