Identity of Speakers
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Cheryl Borowski
Faculty/Staff
OtherLaw professor at Kean University
Additional Information
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Incident Nature:
Classroom
Course Content
Lawsuit
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Incident Political Orientation:
Not Clear -
Incident Responses:
Faculty sanctioned
University administration invoked formal speech code in response
Litigation
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Incident Status:
In litigation Federal District Court
In litigation Federal Court of Appeals
Dismissed
- Was Speech Code incident
Summary
Cheryl Borowski, a law professor at Kean University, filed a federal lawsuit claiming her First Amendment rights were violated after the university disciplined her for remarks made in the classroom while playing “devil’s advocate.” In a 2016 business law course, Borowski presented controversial hypotheticals involving whether employers could legally favor male employees over pregnant women or refuse to hire pregnant women to avoid hazardous conditions. She also raised legal questions related to immigration status and eligibility for green cards. These scenarios, drawn from legal precedents and textbooks, were intended to provoke critical discussion.
Several students found Borowski’s remarks offensive and discriminatory, prompting Kean University to investigate. The university ultimately issued her a formal reprimand, required sensitivity training, and declined to renew her teaching contract. Borowski argued that her statements were a legitimate teaching method and that the university’s disciplinary actions violated her constitutional free speech rights.
While the Third Circuit Court of Appeals in 2023 partially revived her claim, a federal judge dismissed her amended complaint in April 2025. On July 1, 2025, U.S. District Judge William Martini denied her final request to amend the complaint, effectively ending the case. The court concluded that Borowski had not demonstrated that her speech was clearly protected or that the university’s response was unreasonable.
