Faculty groups sued Texas Tech Chancellor Brandon Creighton and the university system’s regents Wednesday, asking a federal judge in El Paso to block classroom restrictions they say have censored professors who teach about race, gender identity and sexual orientation and intentionally discriminated against Black faculty.
The lawsuit, brought by the Texas American Association of University Professors-American Federation of Teachers and the national American Association of University Professors, challenges two memos Creighton issued after becoming chancellor last year.
The groups argue the restrictions outlined in the memos violate the First Amendment by allowing Texas Tech officials to suppress viewpoints they dislike, violate the Fourteenth Amendment by leaving professors unsure what they can teach without being disciplined and discriminate against Black faculty by singling out instruction about Black history, racial inequality and efforts to remedy it.
Creighton’s first memo, issued Dec. 1, told faculty they could face discipline if they did not comply with new limits on course content involving race, sex, gender identity and sexual orientation. It required faculty to submit course material related to those topics for regents to review and approve.
A second memo, issued April 9, went further, ordering the phase-out of academic programs centered on sexual orientation and gender identity and requiring professors in core and lower-level undergraduate courses to use alternate materials if readings, assignments or lectures included those topics.
The memo said some material could still be taught if needed for patient care, professional credentials or advanced coursework, but the lawsuit argues those exceptions were applied inconsistently.
The policies apply across the five-institution system, which includes Texas Tech University, two health sciences centers, Angelo State University and Midwestern State University.
The complaint includes new accounts of how the restrictions have been applied. It alleges a Texas Tech Health Sciences Center professor in Lubbock was told medical students could not participate in or observe care for transgender patients, even when those patients sought treatment for unrelated conditions such as hypertension, migraines or cancer. It also says a professor was told a Holocaust course would have to leave the core curriculum if it included instruction on gay and bisexual victims of the Nazis, and that regents barred professors from teaching Plato’s Republic and Between the World and Me, Ta-Nehisi Coates’ National Book Award-winning book about racism in America.
The medical-training allegation underscores the lawsuit’s claim that Texas Tech’s stated exceptions were confusing and inconsistently applied. Creighton’s memos said some material could still be taught when needed for patient care or professional credentials. But the complaint says the Lubbock professor was initially required to remove material about transgender and intersex patients from a medical school course, even though the professor considered it vital to the course and necessary for medical certification exams. The professor was later told medical students could treat transgender patients during third- and fourth-year clinical rotations, according to the complaint, but only after some students’ rotations had already passed.
The groups are asking a judge to declare Creighton’s memos unconstitutional and block the system from enforcing them or any similar policy. The lawsuit, saying faculty members have already had to certify compliance for summer and fall courses, argues the restrictions will continue to harm them as well as deprive students of instruction they would otherwise receive.
I didn’t blog about this at the time, because sometimes it’s all just too much. The “best” part of all this was Brandon Creighton claiming that his little censorship spree was needed to foster “diversity of viewpoint” at the school. You know, diversity spanning the full range from A to B. While I applaud and agree with this action, I also feel depressingly confident about how it will play out: The plaintiffs will win a significant ruling from the district court, and then the Fifth Circuit will trip over itself to issue a stay on the ruling, which they will eventually overturn because that’s what they do. Court reform: It isn’t just for SCOTUS anymore. Anyway, as I said, I wish them all the best. But I fear it will take a lot more than just a righteous lawsuit to overturn this.
Creighton appears to be a member of the Association of Mediocre White Men that feels threatened by anything that implies that minorities and people with differences are equal members of the human race.