Albany Law Student Sues School Over Racial and Political Discrimination
Professor Farley “intentionally deactivated the classroom’s audio recording system and abandoned course instruction, launching instead into a hostile political and racial monologue directed at white conservative students.” ~Rowland Rupp, student
By Jonathan Turley
Rowland Rupp, a student at Albany Law School of Union University, has created his own clinical opportunity by suing the school for racial and political discrimination. At issue is the allegedly biased and hostile lectures of Professor Anthony Farley. Rupp is suing under Title VI of the Civil Rights Act of 1964 and other civil rights laws.
In his lawsuit, Rupp alleges that Farley “intentionally deactivated the classroom’s audio recording system and abandoned course instruction, launching instead into a hostile political and racial monologue directed at white conservative students.” That included claims that the Founding Fathers were “worse than Hitler” and that conservatives “hate everyone – blacks, women, gays” and that they aim to “conserve slavery.”
Rupp alleges that Farley also singled him out over his personal appearance as an example of “what conservatives look like,” referring to them as “Daniel Boone.” The complaint also said that Farley harassed him on Facebook for his “Daniel Boone” clothing, a “Remember the Alamo” hat, and generally having an “incel/MAGA look.”
Rupp said that he told Farley after the class that, after enduring “approximately thirty minutes of this abuse,” he would leave the class and file a complaint with the law school.
After filing the complaint, Rupp alleges that the law school ignored it without calling witnesses or seeking evidence. Then, Farley himself reportedly filed a
“disciplinary complaint,” claiming that he was assaulted by Rupp and subjected to a “crazy and racist scene.” Rupp says that he merely “briefly placed his hand on Professor Farley’s shoulder in a non-threatening manner” in stating his intent to leave his class and file a complaint.
The complaint alleges that Farley has previously been the subject of such complaints.
These are starkly different accounts, and we will have to wait for a response from Professor Farley.
Regrettably, I routinely hear from law students about professors delivering anti-Republican or anti-conservative diatribes in classes. There is a sense of impunity at law schools, where professors enjoy ideological echo chambers that range from the left to the far left. With only 9 percent of law professors identifying as conservative, most faculties have practically no Republicans or conservatives left.
Despite begrudging acknowledgments of the lack of ideological diversity in higher education, there is no evidence of any real commitment from law schools or other departments to change the status quo.
The few remaining conservatives and libertarians know that they would not survive any political commentary in a class.
It is common to hear inflammatory language from professors advocating “detonating white people,” denouncing police, calling for Republicans to suffer, strangling police officers, celebrating the death of conservatives, calling for the killing of Trump supporters, supporting the murder of conservative protesters and other outrageous statements. One professor who declared that there is “nothing wrong” with such acts of violence as killing conservatives was actually promoted.
We have chronicled actual physical attacks by faculty members who later were lionized by fellow professors and students.
Conversely, there is no margin for error for conservative or libertarian faculty. Postings on social media outside of school are generally protected from liability. However, that has not stopped schools from targeting conservatives who say inappropriate or controversial things on social media. Conservative North Carolina professor Dr. Mike Adams faced calls for termination for years with investigations and cancel campaigns. He repeatedly had to appear in court to defend his right to continue teaching. He was targeted again after an inflammatory tweet. He was done. Under pressure from the university, he agreed to resign in exchange for a settlement. Four years ago this month, Adams went home just days before his final day as a professor. He then committed suicide.
This type of claim is notoriously difficult to establish. The question is whether it can survive threshold challenges to allow for discovery, including past complaints against Farley. The university recognizes that it has an advantage in such litigation, given the robust protections for academic freedom.
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(TLB) published this article from Jonathan Turley with our appreciation for his perspective
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.
Header and article insert featured image (edited) credit: Times Union open public card article tease
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