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Nearly five years after being retaliated against for criticizing his college’s low academic standards and its willingness to let students graduate without adequate knowledge of core math principles, Lars Jensen will finally get his day in court.
The U.S. Court of Appeals for the Ninth Circuit ruled last week in favor of Lars Jensen, a math professor who argued he was unconstitutionally punished for criticizing what he saw as his college’s declining math standards.
The Ninth Circuit’s ruling reinforces the principle that public college professors have a constitutional right to speak on matters of public concern without fear of retaliation.
The appellate court found that TMCC administrators were not entitled to dismissal based on qualified immunity, a legal doctrine that often shields government officials from personal liability unless they violate a “clearly established” constitutional right. In Jensen’s case, the court held that his right to speak out about academic standards was clearly established, allowing his claims against TMCC officials to proceed.
The dispute dates back to 2020 when Jensen, concerned about what he viewed as diminishing academic standards at TMCC, attempted to express his opinions at a college conference. During a Q&A session, he sought to discuss his concerns about students allegedly graduating without adequate knowledge of essential math principles. . When administrators blocked him from speaking, Jensen took another approach — he printed out his planned comments and distributed them to his colleagues during a break.
His flyer criticized TMCC’s policies, suggesting that the college allowed students to graduate despite only being proficient in middle school-level math. Dean Julie Ellsworth instructed him to stop distributing the flyers, but Jensen, believing his right to free speech was being infringed upon, continued to distribute them.
Ellsworth responded by accusing Jensen of insubordination. She later followed up with an official reprimand, setting off a chain of retaliatory actions. Although Jensen’s department chair initially recommended he receive an “excellent” performance rating, Ellsworth instead gave him “unsatisfactory” marks for insubordination. The negative evaluations triggered an automatic review process that could have resulted in his termination.
However, the Foundation for Individual Rights and Expression (FIRE), a legal organization advocating for free speech in academia, intervened in Jensen’s case, warning TMCC administrators that punishing a professor for speaking out on public concerns about education violated the First Amendment.
Facing legal pressure, TMCC eventually decided not to fire Jensen. However, the damage was already done — his negative evaluations remained on record, impacting his reputation and career trajectory.
In 2022, Jensen filed a lawsuit against Ellsworth and other TMCC administrators, alleging violations of his First Amendment rights, due process, and equal protection under the law. The federal district court that initially dismissed the case in 2023 sided with the college administrators, ruling that they were protected under qualified immunity.
The Ninth Circuit’s decision overturns that dismissal, finding that Jensen’s speech about TMCC’s academic standards was a matter of public concern and constitutionally protected. The court emphasized that universities cannot punish faculty members simply for expressing critical views on academic policies.
The ruling also found that TMCC’s retaliatory actions of issuing negative performance reviews and subjecting Jensen to an investigation and possible termination were likely to deter free speech.
The court’s opinion also warned that allowing colleges to silence dissent through orders and punishments would grant them excessive power to stifle speech. The ruling clarified that if employees could be punished solely for refusing to obey orders to remain silent, universities could gain unchecked authority to suppress criticism.
“We conclude that the district court erroneously dismissed Jensen’s First Amendment retaliation claims,” Judge Marsha S. Berzon wrote in the court’s opinion. “We further conclude that Jensen did not adequately plead due process and equal protection claims, but the district court abused its discretion in denying Jensen leave to amend. Accordingly, we reverse and remand.”
The court also rejected the district court’s conclusion that TMCC administrators were protected by qualified immunity. It ruled that, at the time of Jensen’s speech, it was well established that a professor has a First Amendment right to discuss curriculum-related issues without fear of professional retaliation. This precedent ensures that Jensen can proceed with his lawsuit and seek accountability for alleged violations.
Legal experts and free speech advocates have hailed the ruling as a significant victory for academic freedom. Daniel Ortner, an attorney with FIRE who argued Jensen’s case before the Ninth Circuit in November 2024, emphasized the ruling’s broader impact.
“This decision is a major victory for the free speech rights of academics,” said Ortner. “This decision will protect professors from investigation or threats of termination for their speech and promote accountability for administrators who violate the First Amendment.”
Jensen himself expressed relief and satisfaction with the court’s ruling, calling it a vital step toward justice.
“The college’s actions tarnished my reputation and chilled my speech,” said Jensen. “The Ninth Circuit’s decision vindicates my First Amendment rights and allows me to have my day in court.”
The case will return to the U.S. District Court of Nevada, where Jensen’s First Amendment claims will move forward. He may also choose to amend his other claims to proceed alongside them. Jensen is represented by Nevada attorney John Nolan, who initially brought the lawsuit and authored the briefs filed with the Ninth Circuit.
The ruling sets a precedent reinforcing faculty rights at public colleges and ensures that professors can voice their opinions on academic policies without fear of retaliation. It also signals to university administrators that silencing dissent can lead to legal consequences.
The Ninth Circuit Court’s ruling in favor of Jensen is a victory not just for free speech but for truth and integrity in education — values Christians are called to uphold. Scripture reminds us in Proverbs 12:17 that “an honest witness tells the truth, but a false witness tells lies.”
Jensen’s stand against what he saw as the weakening of academic standards aligns with the biblical principle that truth should not be compromised.
Jesus Himself emphasized the power of truth, stating in John 8:32, “Then you will know the truth, and the truth will set you free.”
By punishing Jensen for raising concerns about declining academic standards, TMCC sought to suppress his speech but also the pursuit of academic excellence, which is essential to a flourishing society. Education should be rooted in integrity, ensuring students are prepared for their futures rather than being passed through the system without the necessary skills.
The Bible also speaks against oppression and retaliation for righteousness. Isaiah 10:1-2 warns against those who “make unjust laws” and “issue oppressive decrees.” The retaliation against Jensen, including poor performance reviews and potential termination, reflects the kind of unjust treatment Christians should oppose.
As believers, we are called to defend the right to speak truthfully, even in the face of opposition. Jensen’s case serves as a reminder to stand firm in faith and conviction, advocating for honesty and excellence in all areas of life, including education.
Liberty University has been training students to serve as “Champions for Christ” in their respective professions across the industry spectrum for over 50 years. With over 350 residential academic concentrations, 20 NCAA Division 1 athletic programs, opportunities to serve domestically and abroad, and an unapologetic Christian worldview, your experience at Liberty University will provide an education that roots you in truth and allows you to learn, grow, and impact the culture for Christ. Apply now!
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