Tag Archives: James Tracy

Federal Appeal Filed Challenging Florida Atlantic University’s Unconstitutional “Outside Activities” Policy

Miami, Florida – Attorneys for James Tracy filed an appeal to the U.S. Court of Appeals for the Eleventh Circuit of the summary judgment rulings granted by the District Court in favor of Florida Atlantic University (“FAU”) and various public university officials. Tracy’s lawyers also argue that the jury verdict should be reversed and the Court should grant judgment in Tracy’s favor as a matter of law.

James Tracy was a distinguished tenured faculty member in FAU’s School of Communications who taught journalism history, communication theory, and courses on the media’s coverage of conspiracy theories. Tracy received awards for his work, regularly earned excellent reviews, and was a former president of the FAU faculty union.

Despite Tracy’s outstanding academic record, FAU fired Tracy in retaliation for controversial posts he made on his personal blog questioning the legitimacy of the Sandy Hook Elementary School massacre. In January 2016, FAU terminated Tracy’s tenured professorship, falsely claiming he had been “insubordinate” for failing to disclose his blogging activity under its conflict of interest outside activity Policy.

On appeal, it is argued that summary judgment should have been granted in Tracy’s favor by the District Court, since the Policy FAU used to terminate his professorship is unconstitutionally vague “because blogging is not mentioned as a potential conflict of interest, key terms used within the Policy are undefined, and FAU does not have a policy on blogging.

Over twenty professors have blogs or other online speech activities, and Tracy is the only one to have ever been required to report, much less disciplined, for failing to report under the Policy. This is all the more compelling given that Tracy’s blog was publically available and well known to FAU, and his speech was widely reported and highly controversial.”

The record demonstrates FAU’s Policy violates the First Amendment “because it fails to provide employees with a reasonable opportunity to understand what blogging it prohibits and authorizes” and the Policy “did not provide sufficient guidance as to what blogging had to be reported, it could not be enforced without reference to the content of an employee’s speech, thereby facilitating viewpoint discrimination targeting disfavored speech. Indeed, FAU found Tracy’s posting violated the Policy despite having no policy at all on blogging while it fully protected expression that it favored.”

Additionally, Tracy’s lawyers argue that the jury verdict (that Tracy’s speech was not a motivating factor in his termination) is contrary to overwhelming evidence, and no reasonable jury could have determined that Tracy’s speech was not a motivating factor in his termination because:

  • Tracy’s blogging was obviously not a conflict of interest;
  • FAU’s reason for firing Tracy was legally insufficient;
  • FAU’s history of disciplining and monitoring Tracy’s blog;
  • FAU’s selective enforcement of a vague Policy;
  • Evidence of complaints and negative publicity;
  • FAU’s termination letter citing the blog; and
  • FAU emails celebrating Tracy’s termination.

Moreover, the District Court wrongfully excluded evidence that directly impacted Tracy’s ability to enforce his rights at trial.

The full brief is available here:

See also:

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

The Death of Academic Freedom: Professor James Tracy Denied First Amendment Rights By Federal Court

TracyvFAU: A Very Dangerous Precedent

Through Jaundiced Eyes: Palm Beach Post, Sun-Sentinal’s Hardcore Bias in TracyvFAU Coverage

0

TracyvFAU: “A Very Dangerous Precedent”

By Louis Leo IV and James Fetzer

Attorney Louis Leo IV discusses James Tracy’s pending civil rights lawsuit against Florida Atlantic University with University of Minnesota Professor James Fetzer on GCN’s The Power Hour, Monday,  April 23, 2018. Leo is the lead attorney representing Tracy in the federal civil rights lawsuit against the South Florida-based public university.

The two examine Tracy’s unlawful firing by Florida Atlantic University, the corrupt and fraudulent trial defense conducted by FAU’s corporate attorneys (who received significant aid from the US District Court for the Southern District of Florida), and the implications for public employees’ right of free speech and association in the wake of the decision. Leo and Fetzer also discuss the circumstances that led to Tracy’s termination by FAU officials, which followed a smear campaign by cyber trolls and major news media seeking to defend the Sandy Hook event’s official narrative. 

One day after the interview was recorded, on April 24, US District Judge Robin L. Rosenberg issued a 31-page final order denying all post-trial motions, defending her October 31, 2017 summary judgement rulings in favor of FAU, and asserting that Plaintiff Tracy was provided with a fair trial in her courtroom. With the decisions the case now proceeds to the US 11th Circuit Court of Appeals.

For additional information on case and how you can assist in the process, please visit the James Tracy Legal Defense Fund.


Professor Jim Fetzer

James H. Fetzer: My guest for the second hour has distinguished himself by representing James Tracy, who is an Associate Professor of Communications and the Media at Florida Atlantic, who is seeking to protect the American people from an elaborate scam by investigating the aspects of Sandy Hook, in particular, Lenny Pozner’s claim to have a son, Noah, who died there.

James was a skeptic at the time, but he was exercising his diligence and responsibility on behalf of the public to ensure they weren’t take in by a scam which wound up looting the American people of somewhere between $27 and $130 million in donations in the false belief that there’d actually been a shooting massacre, and that these 20 children and six adults had died. Divided by the 26 families that were impersonating the survivors, they split and derived over a million bucks apiece.

I believe this is one of the reasons Lenny Pozner has been so ruthless in going after those of us that have been seeking to expose the truth. James Tracy turned out to be targeted, where Lenny published several articles in the South Florida newspapers, including the Jewish journal, Forward, the Sun-Sentinel and others. Tracy ended up losing his position over this. The university had a flimsy excuse, but none better to address the issues here than Louis Leo IV, who represented him. Louis has a website, peopleoverpolitics.org, and he has authored a brilliant overview of Tracy versus Florida Atlantic, titled, “Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment.” Louis welcome to The Power Hour.

Louis Leo IV: Thanks for having me.

Fetzer: I’m just delighted. Perhaps you’d like to begin with a thumbnail overview of what happened here, and how this American university beat the First Amendment.

Attorney Louis Leo IV

Leo: Well, I can tell you there are a lot of moving parts in this case, but we’re still waiting for the court to rule on post-trial motions, which include a Motion for Judgement as a Matter of Law, as well as a Motion for a New Trial. And, we’re still trying to figure out exactly what happened. I guess you can say it’s been a long and disturbing ride through the legal system in this case.

Fetzer: I was just going to add that I too am a colleague, a collaborator, with James Tracy, and I was the head of his legal defense fund, and I believe in this man one-hundred-percent. In fact, I can’t imagine a less likely target for an action like this than James Tracy. He is so principled. He is so measured. He is so thoughtful. He is so intelligent. And he was actually undertaking at act of what’s technically known as super arrogation—going beyond the call of duty in an effort to determine the facts of the matter, and protect the American public from fraud.

Leo: Exactly.

Fetzer: They wound up being subjected to a theft by deception, by misrepresenting what had happened there. Lenny Pozner, Neil Heslin and others have defrauded the American people of a vast sum, and have gone on this stupefying campaign for gun control that’s completely one-hundred-percent the opposite of the interests of the American people. Louis, go right ahead.

Leo: I should start by saying that the reason Dr. Tracy lost in this trial is because of deception and fraud in the court, and it’s something that the court sanctioned, using the rules of evidence. This is outlined in our motion that the court made the grave error in excluding from trial evidence that showed just how blatant and pretextual the use of this policy was to terminate a tenured professorship.

Continue reading TracyvFAU: “A Very Dangerous Precedent”

0

James Tracy Returns to FAU

Plants Flag on Boca Raton Campus

The two articles linked below discuss former FAU Professor James Tracy’s lecture in FAU Political Science Professor Marshall DeRosa’s April 5, 2018 Issues in American Politics class. Tracy presented a roughly 75-minute presentation on “The CIA and the Media.” The discussion was based on information from 1970s Congressional hearings and subsequent historical treatments of the phenomenon, which Tracy argued continues to this day. The presentation was followed by about 50 minutes of addressing questions from students.

Continue reading James Tracy Returns to FAU

0

From Orlando to Dallas and Beyond: Living in a False Reality

Via jamesfetzer.blogspot.com

orlando-cover-front-and-back

FROM ORLANDO TO DALLAS AND BEYOND

“Do Americans live in a false reality created by orchestrated events?”—Paul Craig Roberts

Our nation’s leading public intellectual was thereby responding to our work on Sandy Hook and the Boston bombing, but the extent and depth of deception by the American government with regard to the American people has no bounds. We even have a candidate for the office of the President of the United States resorting to the use of body doubles to keep the public from learning of the dire state of her health, which is copiously documented here. This is not theory: this is fact! The people are being played with the complicity of the mainstream media.

Continue reading From Orlando to Dallas and Beyond: Living in a False Reality

0

Federal Court Grants Professor Tracy Leave to Amend Complaint

Louis Leo IV
Florida Civil Rights Coalition

Tracy Legal Defense

(August 18, 2016)

 West Palm Beach, Florida – A federal district court has granted former Florida Atlantic University Professor James Tracy permission to amend his civil rights lawsuit.
FAU-censored-597x400

Professor Tracy’s Amended Complaint removes twelve (12) individual defendants named in the original Complaint, all trustees or former trustees of the Defendant University’s Board of Trustees, who were originally believed to have voted to terminate Tracy’s federally protected tenured employment. The Florida Civil Rights Coalition has since learned based on information provided by counsel for Florida Atlantic University, that no such vote ever occurred.

Continue reading Federal Court Grants Professor Tracy Leave to Amend Complaint

0

In Defense of Unconventional Thoughts: The Case of Joy Karega

Jim Fetzer
jamesfetzer.blogspot.com


karegaAn article, “Changing Course on Anti-Semitic Remarks”, Inside Higher Education (7 March 2016), reports that Oberlin has altered its stance regarding comments made by Assistant Professor, Joy Karega, on her Facebook page, where she wrote that ISIS was the creation of US and Israeli intelligence and that they were behind the attacks on Charlie Hebdo. 


She also expressed her agreement with Minister Louis Farrakhan of the Nation of Islam that Zionists and Israeli Jews were behind the 9/11 attacks.  “In addition to those falsehoods, Karena shared an image of Jacob Rothschild with the caption, “We own your news, the media, your oil and your government”. Here are the most important paragraphs there from:

Continue reading In Defense of Unconventional Thoughts: The Case of Joy Karega

0

Orlando via Paris – ‘Covering 11/13: The Stagecraft of “Reliable” Sources’

The last academic project I developed before being removed from my tenured associate professor position at Florida Atlantic University was titled, “Covering 11/13: The Stagecraft of Reliable Sources,” an invited contribution to Dr. Kevin Barrett’s 2016 edited volume, Another French False Flag? Bloody Tracks From Paris to San Bernardino, from which the passage below is excerpted.

afff-front-cover-1-424x640A gifted Islamic studies scholar, Barrett was witch hunted out of the University of Wisconsin system by State GOP operatives in the mid-2000s for repeated public questioning of the tragic September 11, 2001 events. As the experiences of Barrett and myself attest, combined public comment and academic research on such complex events is unacceptable in the Anglo-American university system. At the same time, such research is crucial for coming to terms with occurrences such as the June 12, 2016 ISIS “attack” in Orlando Florida being touted by major news media throughout the West as “the worst mass shooting in US history.”

“Covering 11/13” places mainstream reportage of the Paris attacks in the framework of journalistic ethics routinely emphasized to undergraduate journalism students at university and rookie reporters alike. The article contends that consulting sources and overall reporting of contemporary terror events is stage-managed, and thus necessitates a complete abandonment of such ethical guidelines. Indeed, we would be poorly served to confuse genuine journalism with the government and corporate media’s stark promotion of these increasingly surreal and doubtful incidents.-JFT

James F. Tracy
, Ph.D.

An unquestioning faith in the integrity of journalistic institutions is a cornerstone of modern secularism which has to a large degree replaced religious faith in France and throughout the West. Journalism holds power in check, so this catechism goes, ensuring free exchange in the “open society.” In this line of thinking, close study of news reports and the information contained therein suggests apostasy to the secular credo, perhaps even “conspiracy theory” if the analysis is developed alongside careful consideration of political power to any significant degree.

Continue reading Orlando via Paris – ‘Covering 11/13: The Stagecraft of “Reliable” Sources’

0