Tag Archives: TracyvFAU

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.

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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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CIA and the Corporate Media: The Case of Kurt Eichenwald

Known For Partisan Attacks,
“Deeply wired into the intelligence community”

By James F. Tracy

Yet another harbinger of corporate news media’s continued demise is evident when a familiar mainstream journalist with admitted ties to US intelligence agencies plays covert roles in the issues and events he claims to report objectively on. The case of Kurt Eichenwald suggests how the CIA’s famous Operation Mockingbird is alive and well in the twenty-first century.

On December 16, 2015 FAU administrators terminated this author on pretextual grounds. Less than 24 hours beforehand the same school officials received an inflammatory email from Newsweek‘s Kurt Eichenwald, among the internet’s most avid gun control advocates and anti-Trump crusaders who boasts of being “deeply wired into the intelligence community.”

In the query, one of thousands of emails produced by FAU during discovery, the fiercely partisan Eichenberg more than subtly pressures the FAU administration on Tracy’s public speech concerning the Sandy Hook massacre event, further suggesting that Tracy is mentally ill, guilty of criminal harassment, and may pose a legal liability to the university.

Newsweek Reporter Kurt Eichenwald. Image Credit: YouTube

Eichenwald’s email was received by the university’s chief public affairs officer and immediately forwarded to FAU President John Kelly, General Counsel David Kian, and Provost Gary Perry. Perry forwarded the email to Associate General Counsel Lawrence Glick and Vice Provost Diane Alperin. Less than 24 hours thereafter Alperin informed this author he would be fired.

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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.

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Watch Your Words, Professor

The Case of Edward A. Ross

Editor’s Note: University professors in the United States today seldom engage in public speech that may even remotely threaten their employment. This is partly due to the fact that close to three-quarters of teaching faculty are non-tenured contract workers, and thus readily recognize their lack of tenure protections. Yet the many who have earned tenure regard it as more of a guaranteed sinecure than a guard against potential administrative retaliation for personal beliefs and/or public statements. 

In fact, the institution of tenure in American higher education is largely rooted in the controversy surrounding Stanford University’s dismissal of Professor Edward A. Ross in 1900 for his public speech. Ross was a highly-regarded economist, sociologist, and even an early mass media critic. Jane Stanford, widow of railroad magnate and university founder Leland Stanford, was disturbed by Professor Ross’ political views, evident in the popular faculty member’s enthusiastic public support of the Populist Party’s “free silver” platform of the 1890s, and his subsequent condemnation of “Chinese cheap labor.” Following these remarks Ms. Stanford successfully pressured university president David Starr Jordan to terminate Ross’ employment. 

The retaliatory firing of Ross became known as the “Ross case” and is historically recognized as a principal motivating factor in Professors John Dewey and Arthur O. Lovejoy’s founding of the American Association of University Professors that advocated for tenure across the US higher ed landscape.

As the following article from Stanford’s alumni publication (somewhat tepidly) chronicles,

At the time of her death in 1905, Mrs. Stanford was still associated with the Ross Affair. An obituary in the New York Times called it “the only serious cloud that ever lowered over Stanford University.”

By Brian Eule
Stanford
(January/February 2015)

In 1900, Jane Stanford forced out a respected faculty member. Was he a martyr to academic freedom or a racist gadfly who deserved what he got?

Department of Special Collections and University Archives (right); Image D-07548 Courtesy of the Royal BC Museum, BC Archives

ON A TUESDAY AFTERNOON in November 1900, Edward Alsworth Ross gathered several student reporters in his campus office. Ross, 33 years old and a Stanford economics professor of seven years, had joined the university just two years after its opening. He was a captivating sight, 6-foot-5 and nattily dressed in a suit that favored his athletic physique.

Ross was popular with students and esteemed in his field. David Starr Jordan, the university’s first president, had recruited him not once but twice. Plucked from Jordan’s former home at Cornell, Ross was emerging as a scholarly star. Now, his time at Stanford was coming to an abrupt end.

Ross held a lengthy written statement he had prepared for the San Francisco newspapers. He handed it to the students.

“Well, boys,” he said, “I’m fired.”

ONE HUNDRED AND FIFTEEN YEARS LATER, the reasons for Ross’s departure remain in dispute. The matter was precipitated by a series of public pronouncements Ross had made on political matters between 1896 and 1900, a practice that put him at odds with university co-founder Jane Stanford. Was he forced out because of his outspoken opinions or because he broke rules prohibiting partisan advocacy? What is not in dispute is that Mrs. Stanford insisted that Ross be sacked despite the vigorous objections of Jordan, who finally relented.

Ross’s dismissal drove a wedge between Stanford faculty and the administration and resulted in a spate of resignations by other professors. More broadly, it galvanized efforts to codify protection of academic freedom and indirectly led to the establishment of tenure. As it turned out, that hastily arranged press conference in Ross’s office was a seminal moment in the history of higher education.

LONG BEFORE HIS NAME became synonymous with academic freedom controversies, Edward Ross was an enigmatic figure. Born to a farmer and a schoolteacher in Illinois, and orphaned at age 10, he was taken in by neighbors on a nearby Iowa farm. His new family viewed him as a prodigy, praising him so extravagantly that some boys in the area thought him pampered.

More…

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The Death of Academic Freedom

Prof James Tracy Denied First Amendment Rights by Federal Court

By Vivian Lee*

Global Research
American Herald Tribune
JamesFetzer.Blogspot &
OffGuardian

On December 11, 2017, in a serious miscarriage of justice, a jury in West Palm Beach, Florida, ruled unanimously in favor of Florida Atlantic University and against former Media Studies Professor James Tracy, who was suing for reinstatement after his firing in 2016. The jury found that Tracy’s “controversial” articles on Memory Hole Blog were not a “motivating factor” in his firing, the only question they were required to consider. Of course, Tracy’s posts at “his conspiracy theory blog” were indeed the reason he was fired, but the jury was convinced otherwise by FAU’s legal team with assistance from the judge. The case centered around Tracy’s writings on the anomalies found in the reporting on the Sandy Hook “massacre” of December 14, 2012. His skepticism about the event was not to the liking of the university.

Palm Beach PostJames Tracy with his attorney Louis Leo IV arriving at federal court. Image: Palm Beach Post.

FAU maintained that Tracy was not fired from his tenured position because of his blog posts, but because he did not follow the “rules” set out by “his bosses” at the government-run institution. FAU attorney G. Joseph Curley insisted that Tracy was not denied his First Amendment rights, but that he simply did not follow university procedure. “Professor Tracy doesn’t follow the rules,” Curley told the jury. “They’re rules that everyone else follows. He doesn’t play by the rules.” FAU cast the case as one of a “belligerent,” rebellious,” and “nonconformist” employee being let go for “insubordination,” instead of that of a tenured professor exercising his right to free speech.[1]

Atty G Joseph Curley Palm Beach PostFAU attorney G. Joseph Curley: “I could not be happier for FAU.” Image: Palm Beach Post.

FAU’s current “rules” require that faculty submit forms listing “outside activities” to be vetted for administrative approval, whether the activities are compensated or not. Tracy and other professors at FAU had argued that the policy is vague and confusing, constituting a form of prior restraint forbidden by the First Amendment, and leading to a climate of “fear and uncertainty” among the faculty. Aside from the fact that “outside activities” can reach into all aspects of a professor’s life and therefore be difficult if not impossible to list, such activities must not be subject to bureaucratic approval. And certainly, no tenured professor can be fired for not filling out a form, even at Florida Atlantic University.[2]

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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.

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TracyvFAU — Civil Rights Case Garners National Media Coverage

professortracy
Image Credit: Jim Kirkland @JimBoKirdland #TracyvFAU

The James Tracy Legal Defense Fund‘s activities have come to fruition in a very significant way. As may MHB readers already know, James Tracy v. FAU et al. was filed in United States District Court on April 25, 2016. The case has thus far been covered by an array of national media, including CBS, the Washington Post, the New York Times, Newsweek, and Inside Higher Ed. 

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Fired professor, James Tracy, sues his University

Jon Rappoport
jonrappoport.wordpress.com

James Tracy, a tenured professor at Florida Atlantic University, was fired because he dared to express his contrarian views and lay out his research about the Sandy Hook shooting.

rappoportTracy did so as a private citizen on his blog. He made that clear.

But the University didn’t care. They ripped away his tenure and job.

Now Tracy is suing. As he should. Because the issue is a little thing called the 1st Amendment.

I’ve read his court filing. It appears to me that Tracy’s own union took his side and then betrayed him. It appears to me that the University cooked up a fake reason for firing him: he didn’t send in a vaguely worded form they wanted him to sign.

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