The University of Missouri’s reiteration of its free speech policy arrived in an email to faculty and staff on Wednesday.
The digital letter, signed by University President Mun Choi, comes as the school faces a federal lawsuit on account of alleged free speech violations.
Mizzou Students for Justice in Palestine (MSJP) is arguing in federal court that Choi violated the organization’s First Amendment rights by prohibiting its participation in the school’s homecoming parade. On MSJP’s behalf, the Council on American-Islamic Relations filed the suit against Choi in August.
Media law experts say the contents of Wednesday’s letter to MU faculty and staff are generally in line with legal precedent, but could have a chilling effect on the speech of university employees.
Choi says employees could be sanctioned if their speech, including posts on social media, create what he calls “workplace disharmony.”
This email adds Missouri to a growing list of universities nationwide that are taking action to control faculty discourse over recent political turmoil centered around Kirk's death.
At Clemson University, three professors have been fired for social media posts deemed inappropriate by university leadership. The now-deleted posts were initially flagged on multiple platforms by the Clemson College Republicans.
Similarly, employees at Auburn University, Florida Atlantic University and Middle Tennessee State University have all come under fire for public comments, ending in either extended leaves of absence or direct termination.
Each university cited similar failures to follow "institutional policies" as the reasons for its staff's forced departure.
University of Missouri Journalism School professor and First Amendment researcher Jared Schroeder affirmed the the legality of the letter from MU.
It’s accurate, as stated in the letter, that First Amendment rights are limited in the cases of employees. But Shroeder said the “gray area of the email” was the policy’s language on its basis for discipline.
The letter reads, “Speech that causes significant disruption can be a basis for discipline or termination, even when it occurs off-duty.”
What the university would determine to be a significant disruption is unclear.
“Is the email going to chill people’s speech? Maybe,” Shroeder said.“But is it going to inform people who didn’t understand what the rule— how the system works and what the law is in this area? I mean, I think so, yeah.”
Choi’s message only restates school policy; it doesn’t make any changes. Christopher Ave, the university's director of media relations and public affairs, said there have been no staff members terminated or placed under administrative leave to his knowledge.
This is an ongoing story that will be updated.