Tag Archives: TracyvFAU

James Tracy on Kevin Barrett’s Truth Jihad Broadcast

Kevin Barrett and James Tracy discuss free speech, academic freedom and the TracyvFAU case that is presently before the US Eleventh Circuit Court of Appeals. This program originally aired on August 10, 2018.

Additional information on Barrett’s work is available at kevinbarrett.heresycentral.com

From original show post:

Tenured Communications professor James Tracy was illegally and unconstitutionally forced out of his job at Florida Atlantic University due to his skeptical investigations of possible false flag events. Tracy is pursuing legal action against FSU and the mainstream media is providing distorted coverage. We will discuss his case and academic freedom in general (including the Anthony Hall case which just drew more MSM coverage from journalist Tadzio Richards). We’ll also discuss James Tracy’s new article on the anti-free-speech lawsuits involving Alex Jones and Richard Gutjahr.

See Also:

Kevin Barrett and James Tracy on Another French False Flag

Checkin’ It Out with Kevin Barrett

Kevin Barrett and James Tracy on We Are Not Charlie Hebdo

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US News Media Targeted Professor for Questioning Sandy Hook While Failing To Do Theirs – Fake News Indeed

Via PhiBetaIota

James Tracy: In Solidarity with Alex Jones: US News Media Targeted Professor for Questioning Sandy Hook While Failing To Do Theirs – Fake News Indeed

 

Mr. President,

I am a former Associate Professor of Journalism and Media Studies at Florida Atlantic University (FAU). In early 2013, I became the target of a smear campaign led by prominent news media after I questioned coverage of the 14 December 2012 Sandy Hook massacre. The media called on FAU to fire me because of my concerns. I therefore appreciate your clear condemnation of the Mainstream Media (MSM) for “fake news” where those posing as journalists spread falsehoods and propaganda.

As a student of news narratives for nearly two decades, I observed several contradictions and anomalies in the media’s presentation of the Sandy Hook event. Following the shooting, for example, emergency response protocols were abandoned and first responders were refused entry to school grounds. Authorities apprehended an alleged gunman but placed him in the front seatof a police car.

Continue reading US News Media Targeted Professor for Questioning Sandy Hook While Failing To Do Theirs – Fake News Indeed

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Palm Beach Post ‘Spins’ TracyvFAU Appeal

Ignores How FAU is Imposing an Unconstitutional Prior Restraint on Its Faculty

Editor’s Note: As we have noted (e.g. here, here, and here), the Palm Beach Post and South Florida Sun-Sentinel’s TracyvFAU coverage suggests how their editorial boards live in a parallel universe when it comes to accurately reporting on such a significant First Amendment case. One exhibit is the excerpted August 6 article below, the spin of which denigrates Tracy while defending major media’s dubious narrative of the 2012 Sandy Hook massacre event.  

In this instance we acknowledge that court reporter Jane Musgrave must have in fact read the entire appellate brief (or larger portions thereof) than a previous story suggests since she accurately references the name of its principal author.

However, the report fundamentally misses the crux of the case itself. The TracyvFAU appeal does not simply involve “former Florida Atlantic University professor James Tracy[‘s] … right to call Sandy Hook a hoax,” or his “ongoing quest to get his job back,” as Musgrave’s simplistic storyline suggests. 

Rather, the case and appeal encompass the guaranteed free speech rights of every university faculty member at FAU and throughout the United States. In fact, the newspaper disregards what we make perfectly clear in last week’s public statement on the appeal:

Here’s what the Post’s overall coverage of TracyvFAU (perhaps intentionally) overlooksFAU is using a policy derived from Florida State Statute as a prior restraint that intimidates with the threat of formal discipline all FAU faculty and staff members from commenting on matters of public concern, or making practically any public remark that could potentially displease FAU administrators and/or trustees, State University System of Florida officials, or the Governor of Florida himself.

Academic freedom and free speech at American universities should not resemble that of Communist China’s. Yet it would be difficult to conceive of a policy that is more openly hostile to the fundamental academic freedom and free speech tenets of any self-respecting US university.

Fired FAU professor declares it’s his right to call Sandy Hook a hoax

Jane Musgrave
Palm Beach Post
(August 6, 2018)

Lashing out at his former bosses and a federal judge, former Florida Atlantic University professor James Tracy is back in court, again claiming he was wrongfully fired for publicly and repeatedly proclaiming that the Sandy Hook massacre was a hoax.

In his ongoing quest to get his job back, Tracy insists a federal jury got it wrong in December when it decided the university fired him for insubordination, rather than for his conspiracy theories about the 2012 Connecticut school shootingthat left 26 children and teachers dead.

“FAU fired Tracy in retaliation for controversial posts he made on his personal blog regarding the legitimacy of the Sandy Hook Elementary School massacre,” attorney Richard Ovelmen wrote in a 63-page appeal filed last week with the 11th Circuit Court of Appeal.

The university’s claims that it fired Tracy because he failed to report his work on his controversial blog, Memory Hole, are nothing more than a ruse, Ovelmen told the Atlanta-based appeals court.

As proof, Ovelmen points out that at least 20 other FAU professors regularly post their views on social media. None has been required to report their activity to school officials, much less been disciplined, he wrote.

FAU administrators targeted Tracy after news of his blog ignited a firestorm of protest with scores of letters and phone calls streaming into the Boca Raton-based school, demanding his ouster.

More…

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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

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Palm Beach Post Court Reporter Admits to Bias in TracyvFAU Coverage

“Nobody Likes Tracy”

What Might Have Coverage Looked Like?

A source close to MemoryHoleBlog has informed us they contacted Palm Beach Post courts reporter Jane Musgrave via telephone following the December 2017 trial of TracyvFAU wherein FAU Professor James Tracy sued his former employer for civil rights violations. This individual asked the reporter why the Post‘s coverage was so egregiously biased against Tracy and favorable toward FAU.

“Well, nobody likes [Tracy],” Musgrave replied. “He got what he deserved” because “kids died.”

When the party pressed Musgrave on why the newspaper’s coverage included so many glaring omissions of important evidence and testimony–content that would have put Tracy in a more positive light–the reporter responded, “We weren’t allowed to report that,” and that at the end of the day the Post would never publish anything supportive of the plaintiff.

This conversation confirms what the TracyvFAU plaintiff and his legal team observed as both the Post and South Florida Sun-Sentinel‘s sensational and flagrantly misleading coverage throughout the trial and even after the jury verdict was rendered.

The story titles alone suggest the Post‘s clear bias, with the Post referring to Tracy as the “Sandy Hook denier.” In one “opinion piece” the newspaper even solicits an embellished defamatory account of Tracy’s teaching style from one of its salaried employees.

-“FAU Professor James Tracy Claims School Fired Him for Sandy Hook Rants,” Palm Beach Post, November 30, 2017

-“Ex-FAU Prof on Trial Tries To Downplay Attack on Sandy Hook Parents,” Palm Beach Post, December 1, 2017

-“Christie: Tracy-vs-FAU More about Arrogance Than Free Speech, Insubordination,” PalmBeachPost.com, December 5, 2017

-“What It Was Like in the Class of FAU’s Conspiracy-Spinning Professor,” Palm Beach Post, December 8, 2017

-“Claims against FAU by Sandy Hook Denier Headed To Federal Jury Monday,” Palm Beach Post, December 8, 2017

After lengthy litigation and a trial where a federal judge repeatedly defended FAU and its administrators from the bench, the Post continued to ignore crucial testimony given by Tracy’s colleagues that demonstrated just how haphazardly the university’s provosts and deans applied the “Outside Employment/Activities Policy,” and how Tracy was virtually the only employee required to submit an “Outside Employment Form” for his protected speech on a personal blog.

One must keep in mind that FAU is among South Florida’s largest employers, with thousands of taxpayer dollars to spend on largely ineffective advertising  in both newspapers. As one Post staffer explained to journalist and private investigator Jose Lambiet in 2017,

“Business people in the community are no fools. They know advertising in the Post no longer gets results. The news content is so weak that nobody’s reading. It’s like to trying to sell shit.”

Both the Post and Sun-Sentinel are so desperate to please this large advertiser that they are willing to effectively skew their coverage of one of the most significant First Amendment trials in recent history to fit what they perceive to be their readers’ prejudices–in fact, misconceptions that these papers and national news media played a major role in creating via slipshod if not fraudulent coverage of the December 2012 Newtown shooting. In this vein Musgrave is forced to function as an anti-journalist–one who documents an event then proceeds to deliberately deceive her readership.

More recently, Musgrave reported on US District Judge Robin L. Rosenberg’s decision to revisit her misguided Halloween day summary judgement ruling and deny the plaintiff a new trial, pointing to the judge’s “stinging rebuke of Tracy’s claim that the jury got it wrong …

“The central premise in (Tracy’s) motion for new trial is that the jury’s verdict was against the great weight of the evidence,” Rosenberg wrote in a 31-page ruling. “This contention is without merit. Instead, the court concludes that the great weight of the evidence at trial was in favor of (FAU).”

Musgrave’s reportage, probably at her editor’s behest, repeatedly emphasizes Rosenberg’s  ruling to deny the plaintiff a new trial.

Further, it is obvious that Musgrave never read Tracy’s Motions (here and here) since her slapdash piece attributes their authorship to Louis Leo IV, when in fact they were primarily authored and signed by co-counsel.

 

The Sun-Sentinel‘s brief story of Rosenberg’s ruling is (unsurprisingly) more reckless, as education reporter Marc Freeman fails to even mention the fact that the case is on its way to the 11th Circuit Court of Appeals.

At the end of the day the eight-hundred pound gorilla in TracyvFAU must necessarily be overlooked by the Palm Beach Post, who ultimately answer to its owners-in-abesntia, the politically liberal Cox family. James Tracy stands accused of calling out Democratic President Barack Obama’s administration of staging a mass shooting at Sandy Hook Elementary in order to institute more stringent gun control laws. In December 2015 Tracy was (falsely) accused of criminally harassing the ostensibly Jewish “Sandy Hook parents” while consorting with “holocaust deniers.” These inflammatory accusations ultimately led to his termination.

According to the Post itself, Judge Rosenberg’s ultra-wealthy “Palm Beach parents are both well-known Democratic donors.” Rosenberg was appointed to her federal judgeship by President Obama in 2014. Rosenberg’s spouse, former Palm Beach County state attorney Michael McAuliffe, is a career Democratic Party politician. It is no secret in South Florida that he has major congressional and quite possibly gubernatorial aspirations.

Such ambition requires maintaining the good graces of Democratic Party power brokers whose central political platform is celebrating Obama’s political “achievements” and stampeding the US public into enacting stricter gun control. If this isn’t enough McAuliffe’s law partner, Martin Reeder, is the Palm Beach Post‘s attorney. One can only ponder how thick the “firewall” is between the newspaper’s editorial room and the McAuliffe-Reeder firm.

Rosenberg is also a former board member of the radical Anti-Defamation League, the Zionist espionage and agit-prop organization that stands vehemently against extending free speech to all and believes that any Gentile who so much as sneezes the wrong way is “hateful” or “anti-semitic.” The ADL is typically so extreme that its mention often elicits embarrassed eye-rolls from many in the Jewish diaspora.

Despite these conflicts of interest Rosenberg apparently never considered recusing herself. She instead allowed the plaintiff to embark on a costly litigation process then slammed the door in his face with a comprehensive October 31, 2017 summary judgement order in favor of FAU. With the trial the court simply gave defendant FAU, with the assistance of its advertising clientele, full exoneration in the court of public opinion.

Imagine for a moment if Tracy was a progressive-left professor terminated from his tenured faculty position for blogging about “climate change,” the villainous President Trump, and the conspiracy theory that Trump allied with Russia to subvert the 2016 election process. One need only look at the many Facebook pages, Twitter accounts, and blogs of American academics that fit this very mold–some of whom work at Florida Atlantic and the state’s other publicly-funded universities. Imagine that the judge comes from a “well-known” Republican Party donor family and was appointed to the bench by Donald Trump.  Imagine the judge is married to a prominent Republican Party politician. Imagine the judge was Episcopalian and an active member of the National Rifle Association.

Then imagine just how different the Post‘s coverage of TracyvFAU would be?

 

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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”

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

What Would Fair and Balanced Journalism Have Looked Like?

By James F. Tracy

The Palm Beach Post and South Florida Sun-Sentinel’s overall coverage of the December 2017 TracyvFAU trial looks as if it could have been written by the Defendant University’s “Department of Media Relations.” Post and Sun-Sentinel managements recognize how FAU’s multitude of advertising dollars is a key  support in their erroneous and uncritical reportage of complex public events and broader operations. With the trial each outlet skewed its reportage and editorial commentary to heavily favor the school, thereby securing for their client a positive verdict in South Florida’s court of public opinion.

One need look no further than the Post and Sun-Sentinel‘s article titles to gather an overview of the TracyvFAU’s editorial thrust:

-“Trial To Begin for Fired FAU Professor, Conspiracy Theorist James Tracy,” Sun Sentinel, November 27, 2017

-“Ex FAU Professor, Conspiracy Theorist James Tracy, Testifies about Firing in Free Speech Case,” Sun Sentinel, November 30, 2017

-“FAU Professor James Tracy Claims School Fired Him for Sandy Hook Rants,” Palm Beach Post, November 30, 2017

-“Ex-FAU Prof on Trial Tries To Downplay Attack on Sandy Hook Parents,” Palm Beach Post, December 1, 2017

-“FAU Prof Wasn’t Fired Because of Sandy Hook Blog, FAU Official Testifies,” Sun Sentinel,December 4, 2017

-“Christie: Tracy-vs-FAU More about Arrogance Than Free Speech, Insubordination,” PalmBeachPost.com, December 5, 2017

-“FAU Prof James Tracy’s Firing ‘Wasn’t a Surprise’ to Him, University Officials Say,” Sun Sentinel, December 5, 2017

-“What It Was Like in the Class of FAU’s Conspiracy-Spinning Professor,” Palm Beach Post, December 8, 2017

-“Claims against FAU by Sandy Hook Denier Headed To Federal Jury Monday,” Palm Beach Post, December 8, 2017

-“Jury Rules against Fired FAU Prof James Tracy in Free Speech Case,” Sun Sentinel, December 11, 2017

An editorial by Palm Beach Post opinions editor Rick Christie, arguing that the content of Tracy’s speech and disbelief in government-endorsed conspiracy theories make him “arrogant.”

In fact, the papers pulled their reporters from the courtroom entirely when crucial testimony was given by Professor Tracy’s colleagues and fellow union officers giving the lie to the central argument of FAU’s million-dollar defense—that Tracy consciously violated a school policy rigorously adhered to by all other faculty and employees.

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

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