On September 4, 2015 FAU constitutional law professors protested the university’s arbitrary use of an “Outside Employment/Activities Policy” to suppress faculty members’ off-campus speech. Professors expressed their grievance to FAU President John Kelly and other top administrators at a rancorous faculty senate meeting.

Three months later FAU used the same policy as a pretext to terminate Professor James Tracy for his controversial political blog. On September 19, 2019, the FAU policy was scrutinized before the 11th Circuit Court of Appeals in oral argument.

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