Court rules in favor of conservative professor who was blocked for posting ‘All Men Are Created Equal’

A United States District Court ruled in favor of Bruce Gilley, a conservative professor at Portland State University. This ruling came after he sued the University of Oregon (UO) for blocking him on Twitter for posting “All men are created equal.” This decision is seen as a significant win for advocates of free speech and sheds light on the ongoing challenges around diversity, equity, and inclusion (DEI) in academic environments.

In June 2022, a UO’s Equity and Inclusion Twitter account posted a message urging users to combat racism. In response, Gilley quoted the Declaration of Independence with the phrase “All men are created equal,”. This action led to Tova Stabin, UO’s communication manager for the Division of Equity and Inclusion, blocking Gilley on Twitter. Gilley’s tweet and subsequent blocking triggered a legal battle centered on First Amendment rights​​.

DEI maven and BLM activist Paula Parks of Bakersfield Community College just cost her institution $2.4 million for her ideological attacks on an unWoke professor. https://t.co/mYbVe5L5JG

— Bruce Gilley (@BruceDGilley) July 29, 2024

Gilley argued that being blocked was a form of viewpoint discrimination, infringing on his constitutional right to free speech. He filed the lawsuit in August 2022, aiming to challenge the university’s actions and ensure that publicly-funded institutions uphold constitutional rights. The case garnered significant attention, with Gilley stressing the importance of academic freedom and the ability to critique DEI initiatives without facing censorship​.

U.S. District Judge Marco Hernandez allowed Gilley’s case to proceed by dismissing the university’s motion to end it. However, Judge Hernandez did not issue a preliminary injunction to prevent the university from re-blocking Gilley, citing uncertainties regarding future actions. Despite this partial setback, Gilley’s legal team, managed by the Institute for Free Speech, appealed to the Ninth Circuit Court of Appeals, seeking to reverse the ruling on the preliminary injunction​.

🚨CASE UPDATE: An important win for #freespeech, both online and on campus, in the ongoing @InstFreeSpeech case Gilley v. Stabin. A federal judge has granted the preliminary injunction protecting @BruceDGilley‘s speech rights. Full press release HERE – https://t.co/GQtjW6FYGb

— Tom Garrett (@TomGarrettIFS) July 24, 2024

Initially, the university unblocked Gilley and assured him that they did not plan to block him again. However, Gilley’s legal team argued that this gesture was insufficient, as it did not guarantee policy changes or prevent future instances of viewpoint discrimination.

The Ninth Circuit’s decision will determine the validity of Gilley’s concerns regarding potential re-blocking and viewpoint discrimination and whether a permanent injunction is necessary​​.

This case underscores broader conversations within academia about free speech and the enforcement of DEI policies. Gilley, known for his controversial academic work defending colonialism, has emerged as a vocal critic of what he perceives as overbearing DEI initiatives. His lawsuit symbolizes a larger resistance against measures that appear to stifle conservative perspectives on campuses nationwide​​.

As the case proceeds, it will serve as a crucial examination of the balance between fostering inclusive environments and safeguarding free speech rights in academic institutions. The ruling could establish a precedent for how universities navigate similar disagreements in the future, influencing the landscape of academic freedom and DEI practices nationwide.