Porter v. Board of Trustees of North Carolina State University

Stephen Porter, a professor at North Carolina State University since 2011, has in recent years criticized N.C. State’s administration for its diversity, equity, and inclusion policies. He also called a national academic association a “woke joke.” In retaliation for that speech, Porter was forced to teach an extra course, was not permitted to attend Ph.D. admission meetings, and was excluded from a “program area,” effectively prohibiting him from advising doctoral students. With these key job responsibilities taken from him, Porter sued the N.C. State Board of Trustees and other officials for violating his First Amendment rights by retaliating against him because of his speech. However, in June 2022, the federal district court dismissed Porter’s First Amendment retaliation claim, ruling that because N.C. State did not fire, demote, or take compensation or advancement opportunities away from Porter, he could not sue.

On appeal to the Fourth Circuit Court of Appeals, FIRE filed an amicus brief supporting Porter. But the court affirmed the district court’s ruling. Instead of ruling on the retaliation issue, the Fourth Circuit held that Porter’s statements were simply not protected by the First Amendment. According to the court, the First Amendment protects statements made only while “teaching a class” or “discussing topics [they] may teach or write about.” Otherwise, because Porter is a public employee, N.C. State was permitted to tell Porter what he can and cannot say.

FIRE filed an amicus brief, joined by Professor Keith Whittington and the First Amendment Lawyers Association, asking the Supreme Court to take Porter’s case and reverse the Fourth Circuit’s decision. FIRE’s brief explains that the First Amendment protects all academic speech, including speech outside the classroom.