Advanced

Levy v. Board of Supervisors of Louisiana State University

November 2024
Louisiana State University (Public college or university)
Baton Rouge, LA

Identity of Speakers

  • Ken Levy
    Faculty/Staff
    Other

    LSU Law Professor

Additional Information

  • Incident Nature:
    Classroom
    Lawsuit
    Other
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Faculty sanctioned
    University administration changed university policy as a consequence
  • Incident Status:
    In litigation State Court
  • Was Speech Code incident

Summary

Law professor Ken Levy filed a lawsuit against Louisiana State University in January 2025 after being suspended for making politically charged and vulgar remarks during a classroom lecture. The comments, made during a constitutional law class, included profanity-laced criticism of Governor Jeff Landry and former President Donald Trump. Levy was specifically reacting to Landry’s public demand that LSU discipline fellow law professor Nicholas Bryner for allegedly anti-Trump comments. Levy defended Bryner’s academic freedom and denounced Landry’s intervention, using explicit language to underscore what he viewed as inappropriate political interference in university affairs.

Levy claimed that his suspension violated his First Amendment rights and LSU’s internal due process policies, arguing that the remarks were protected academic speech aimed at illustrating constitutional principles and classroom norms, including the university’s no-recording policy. A district judge ordered LSU to reinstate Levy, ruling that while provocative, his remarks were made in an educational context. However, the Louisiana First Circuit Court of Appeal later upheld the suspension, stating that the lower court acted prematurely without a full hearing. The appeals court did bar LSU from retaliating against Levy during the investigation. A subsequent court ruling again ordered LSU to allow Levy to return to teaching, citing the university’s failure to follow its own disciplinary procedures.

The lawsuit unfolded amid LSU’s broader revision of its campus free speech policy, which introduced new limitations on classroom speech to balance expressive rights with a respectful learning environment. Though not part of Levy’s legal claims, the policy shift reflects the university’s institutional response to the speech controversies involving both Levy and Bryner. Critics argue the policy undermines academic freedom, while supporters contend it prevents faculty bias and disruption.