Tag Archives: FAU Provost Diane Alperin

Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment

… and Got Away With It

By Louis Leo IV Esq.
People Over Politics
Florida Civil Rights Coalition

In 2016, former Florida Atlantic University (“FAU”) Professor James Tracy filed a civil rights lawsuit against FAU following the termination of his tenured employment. If one relies on mainstream press reports of his firing they may conclude the action was justified because of Tracy’s alleged “harassment” of Sandy Hook parents, and/or his failure to comply with the school’s “outside activities” policy.

James Tracy with attorneys Steven Blinkensderfer (left) and and Louis Leo IV (right). Image Credit: Palm Beach Post

Yet at its heart, Tracy’s case has grave implications for the First Amendment rights of virtually every US academic and government employee. Through their own repeated admissions FAU administrators justified Tracy’s termination by arguing that Tracy failed to “disclose” his constitutionally protected political speech for university approval under a vague and confusing school policy.

If this precedent stands unchallenged it will allow virtually any government agency to police employees’ extracurricular speech or political activities, and accordingly discipline workers whose views are deemed objectionable.

What do you know about the James Tracy case?

If you get your news and information from “mainstream” media outlets and their affiliates and partners in fake news around the globe, you probably know nothing about the case.

Or if anything, you might think you know some crazy teacher said nobody died at Sandy Hook Elementary School, and lost his job. So what?

Well, if you think Professor Tracy is crazy, or was out of line in his blog postings about Sandy Hook, Tracy is far from alone in casting doubt about the official story. In fact, 24% of Americans surveyed in 2016 acknowledged the massacre may have been faked to promote gun control—a number which will undoubtedly grow as more and more Americans discover the vastly censored body of research and documentaries like “We Need To Talk About Sandy Hook”.

Notwithstanding the truth about Sandy Hook, or other government conspiracies, what if I told you that Professor Tracy didn’t do anything wrong?

What if I told you that government officials at FAU broke their own rules, and the First Amendment when they disciplined Professor Tracy?

For those who don’t care about freedom of speech, you need read no further.

For those who understand and appreciate the fact that FAU, a major American public university, isn’t the NFL, and that its government officials aren’t allowed to conspire to beat the First Amendment and fire a government employee because of what they say as a private citizen about a matter of public concern, please keep reading.

Professor James Tracy, who has a Ph.D. in mass communications, was an award-winning, tenured communications professor at a government-run university. He was a good teacher who received outstanding and excellent annual evaluations from his supervisors while teaching at FAU for over a decade.

Don’t take my word for it. Read his FAU performance evaluations.

Continue reading Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment

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Civil Rights Org Condemned FAU’s Discipline of Prof James Tracy in 2013

This letter from Foundation for Individual Rights in Education (FIRE) was sent to Florida Atlantic University administrators, FAU Board of Trustees members, and United Faculty of Florida officers in April 2013, and republished at MHB on June 5, 2013 with FIRE’s permission. The legal observations in the correspondence are still relevant in the wake of the FAU President John Kelly administration’s January 6, 2016 termination of Tracy. As of January 31, 2016 FAU has not responded to FIRE’s letter below. FIRE has not publicly commented on Tracy’s termination .-MHB Admin.

Foundation for Individual Rights in Education
601 Walnut Street, Suite 510
Philadelphia, Pennsylvania 19106
thefire.org

April 23 , 2013

(PDF)

President Mary Jane Saunders
Florida Atlantic University
Administration Building, Room 339
777 Glades Road
Boca Raton, Florida 33431

Sent via U.S. Mail and Facsimile (561-297-2777)

Dear President Saunders:

Continue reading Civil Rights Org Condemned FAU’s Discipline of Prof James Tracy in 2013

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