From Deseret News archives:
Ex-U. actress to get jury trial in bias lawsuit
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In analyzing Tuesday's decision, University of Utah law professor Daniel Greenwood expressed concern that the 10th Circuit failed to make a strong distinction between First Amendment issues in high schools or universities, where compelled speech is generally considered to be less harmful because students have the right to leave the classroom.
He also noted that while the constitutional rights of an individual student or university are thoroughly discussed in the 52-page opinion, there is little mention of the free-speech rights of professors.
"I think it's part of a larger debate about the role of the First Amendment in the classroom," Greenwood said. "The larger issue is that the court seems to see First Amendment rights for students and a university . . . but there's very little discussion of any First Amendment rights of the faculty member, which is what I would have thought was one of the traditional . . . cores of academic freedom."
Greenwood said professors must be free to espouse controversial points of view without fear, or to require students to examine issues outside their personal beliefs or comfort zone.
But Paulsen said it is possible to challenge students without violating their core values, as Axson-Flynn has claimed.
"No university professor has to teach their class in a way that is hostile to an individual's religious liberty," Paulsen said. "You can recognize professors' academic freedom rights, but at the same time recognize that students have freedoms, too."
After leaving the University of Utah, Axson-Flynn enrolled in the acting program at Utah Valley State College. She has since left that school and is awaiting the outcome of this case to decide where to go next.
She has continued her acting and has said she would like to return to the University of Utah to complete her studies.
E-mail: awelling@desnews.com
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