I would say this....were this a private school...they could get away with this, and the professor could play virtually any game they desired. The problem is...it’s a state-funded school, and thus inviting state constitutional issues. The professor may be shocked as they advance with this case, but he or she is merely a state employee and simply fearing the chancellor’s wrath is the least of the problems ahead.
From a loser prospective, if they reach the end and pronounce the professor wrong...it opens vast doors at the university and throughout the US. If I were the chancellor at the university...I’d try hard to convince the professor and his lawyer to accommodate this kid, apologize, and pay some moderate damages (lawyer fees maybe). You don’t want this getting to the end, and the judge issues out a fine and some type of punishment that might mean loss of tenure or suspension from the university for a year or two, or loss of pay.
It’d open up big doors for further law episodes in court, and the university would be spending tens of millions on lawyers.
Points well taken. This should be handled at the administrative level.
That being said, my spidey senses tell me that the outcome you fear will become reality come hell or high water. Liberalism is nothing but a make-work program for lawyers.
A decision favoring the student in this case, were it to run the full judicial road, would be disastrous for ALL colleges/universities across the USA that fill their catalogs with courses just like this one.
I don’t think private schools would be exempt from this because of the way the course was advertised. Tho, possibly, a “Christian” college wouldn’t offer this type course in the first place.
Imagine if this suit succeeded in renewing freedom of speech to college campuses. What a culture shock that would be. It’s been what? 50+ years?