On Monday, March 10th, The US Ninth Circuit Court of Appeals reversed a decision by a lower court to dismiss the case of Jensen v Brown, et al. and remanded it back to the US District Court of Nevada in Reno.

The case was brought by Dr. Lars Jensen, a tenured professor of Mathematics at Truckee Meadows Community College. Jensen alleges that he faced retaliation from multiple administrators after he voiced concerns about the college bypassing established shared governance procedures to impose weakened curriculum standards designed to make it easier for students to pass math courses. He used various methods to express these concerns including email communications and in a handout he distributed outside a mathematics summit organized by the college in 2020. After being denied the opportunity to speak during a question-and-answer session during the summit, he returned to his office, printed the handout, and distributed it to attendees during a break.

Professor Lars Jensen, PhD  (KJBursey Photography)

The college pursued multiple disciplinary actions against Jensen following the summit including a formal reprimand for insubordination, and an unsatisfactory rating on his annual evaluation. The college also initiated proceedings to terminate Jensen for cause, a process in which Jensen ultimately prevailed.

Jensen subsequently filed a federal lawsuit pursuant to Section 1983, seeking to protect his constitutional rights. The case was dismissed by former Judge Larry Hicks, who cited sovereign immunity, a legal principle that generally prevents individuals from suing the government without the government's consent; and qualified immunity, a defense that protects public employees from civil liability when they injure you or your property while carrying out their official job duties. Jensen successfully appealed that decision to the Ninth Circuit Court.

In February 2024, the Nevada Faculty Alliance joined the American Association of University Professor to file a joint amicus brief with the Ninth Circuit Court in support of Dr. Jensen. The brief maintained that the district court erred in its decision that Jensen’s right to such speech in the workplace was not established. It further cited Demers v. Austin which clearly established the right of faculty to engage in academic speech as part of their official duties. Afterwards, the Foundation for Individual Rights in Education (FIRE) joined the appeal and and provided the attorney, Daniel Ortner, who argued the case before a Ninth Circuit panel last November.

The appeals court decision not only reverses Hicks’ decision and remands the case back to the district court, it also gives Jensen the right to amend his original complaint to address technical deficiencies claimed by TMCC’s attorney.

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VICTORY! 9th Circuit rules in favor of professor punished for criticizing college for lowering academic standards