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No speech for you: College fires professor for calling America ‘racist fascist country’ in email to students

A Mississippi college fired a professor for using his faculty email to share an opinion about the 2024 election, cites a made up policy violation and then adds a new violation.
Millsaps College professor James Bowley

Barbara Gauntt / Clarion Ledger / USA TODAY NETWORK

Millsaps College terminated professor James Bowley yesterday more than a month after he was placed on administrative leave for sharing his opinions about the outcome of the 2024 presidential election.

When tenured Millsaps College professor James Bowley sent an email sharing his opinion on the outcome of the 2024 presidential election, he didn’t anticipate it would result in his termination. But in a perfect storm of overreach and red tape, that’s exactly what happened. 

On Nov. 6, 2024 — the day after the election — Bowley  the students in his “Abortion and Religions” class, canceling that day’s session to “mourn and process this racist fascist country.” With only three students in the class, Bowley got to know them quite well, including their political feelings, and knew canceling class would be best for those students. As Bowley told ֭, “I just want to be caring and kind to my students, whom I knew would be troubled by the election.” Bowley wasn’t just trying to get out of work; he did not cancel the much larger first-year writing class session he taught that same day because he had no reason to know how those students felt about the election. 

Two days later, Millsaps Provost Stephanie Rolph informed Bowley that he had been placed on temporary administrative leave pending review, for the bizarre offense of using his “Millsaps email account to share personal opinions with [his] students.” 

That’s right: Millsaps didn’t take issue with Bowley canceling class (likely because they’d have to punish lots of people; professors cancel class for all  of ). The only cited reason was the use of his email to share personal opinions with students, which unsurprisingly is not an actual policy violation. That’s right: The college simply fabricated a policy violation so it could punish a professor for his speech. Frank Neville, president of the private college, has ignored hundreds of calls to reinstate Bowley, who was unable to do his job for over three months until yesterday, when he was eventually fired.

Welcome to Millsaps, a labyrinth of academic bureaucracy where personal opinions may not be shared.

Frank Neville, the 12th president of Millsaps College in Jackson, Miss., speaks about the private liberal arts institution and its future on Monday, June 17, 2024.
Millsaps College president Frank Neville denied a committee recommendation and doubled down on Bowley’s leave being both justified and necessary, without explanation. (Barbara Gauntt / Clarion Ledger / USA TODAY NETWORK)

Professor punished without due process

Everything about Bowley’s treatment goes directly against Millsaps’ own  of “freedom of speech and expression.” While Millsaps is a private institution not bound by the First Amendment, its commitment to free speech leads any reasonable student or faculty member to believe they are being promised expressive rights that align with the First Amendment. 

Courts have recognized protection for a great deal of faculty speech on matters of public concern (say,   ) because higher education depends on the wide exposure to  of thoughts and ideas. But Millsaps’ actions here signal that it doesn’t take its own principles seriously and is making up its own standards for free speech and expression. That’s not okay with us — and it’s unfair to the students and faculty of Millsaps.

Not only did ֭ request that Millsaps drop the investigation and reinstate Bowley, but so did more than 100 , reportedly, (pretty impressive for a college of only about 600) and over 500 . And when Bowley contested the provost’s decision to place him on leave, a grievance committee made up of faculty members determined that Millsaps couldn’t identify a single policy that Bowley had violated. The committee  that Bowley be reinstated immediately.

FIRE remains by Bowley’s side, fighting for his return to teaching — and his right to share his opinions with students.

The grievance committee, like ֭, also found that Bowley was not afforded proper due . Bowley was placed on leave before receiving a hearing and final determination. By doing so, the provost created an intermediary step in the process of dismissing a professor that exists nowhere in the handbooks — all without Bowley having any prior violations or disciplinary actions taken against him.

But Neville seemed unfazed by the calls from the Millsaps community and unconvinced by the facts presented to him. On Jan. 10, Neville denied the grievance committee’s recommendation and doubled down on Bowley’s leave being both justified and necessary, without explanation.

to reinstate Bowley continued, this time reaching tens of thousands of people. But that still wasn’t enough. On Jan. 14, Bowley was told in a meeting that he was fired for not exercising restraint and not clarifying that his views were not that of the college’s. To be clear: The college fired Bowley for an offense – not clarifying that his views were not that of the college’s – of which he wasn’t accused. It’s no surprise that Bowley could not extricate himself from what Millsaps made into an impossible situation. 

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Even if the college had originally charged Bowley with not clarifying that his views were not that of the college’s, his email to his class still wouldn’t qualify. Whatever interest Millsaps may have in preventing faculty from purporting to speak on its behalf does not justify automatic punishment for simply not asserting that one isn’t speaking for the college. In fact, the Supreme Court has held that a teacher could not be punished for a letter to the editor he wrote in which he identified himself as a teacher at a certain school. Just because Bowley is identified as working at Millsaps (via his faculty email), doesn’t mean his speech is transformed into speech on behalf of the college. 

Millsaps cannot overcome this principle just because it wants faculty to indicate whether views expressed “are individual or those of the institution.” Nothing in Bowley’s email can reasonably be interpreted as speaking on behalf of Millsaps, as it is commonly understood that when using their college email, faculty members are speaking for themselves rather than conveying that they speak for their employer. And here, Bowley was very clearly sharing an opinion – a criticism of an election outcome – that any reasonable person would understand as being his own opinion. 

Bowley told FIREyesterday: “I love Millsaps College and even more I love my students, but censorship by an administration by definition means that it is not education anymore; it is not a legitimate college.”

FIRE remains by Bowley’s side, fighting for his return to teaching — and his right to share his opinions with students.

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