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On Friday, the University of Wisconsin Board of Regents took the unprecedented step of  tenured professor Joe Gow. What conduct prompted such a drastic sanction? Creating porn in his spare time with his wife — expression clearly protected by the First Amendment. 

Constitutional rights are not so easily trampled. With ÃÛÖ­ÏãÌÒ’s help, Gow’s fighting back. And not only for himself, but also to  the free speech rights of faculty everywhere. Next stop: Federal district court in Wisconsin. 

Professor UW fired as chancellor for making vegan-themed porn with wife, lawyers up in fight to keep his faculty job

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Former University of Wisconsin - La Cross Chancellor Joe Gow and his wife Carmen say they’re fighting for academic freedom and the right to live authentically.

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But will a court rule for a professor fired for producing sexually explicit videos and books? 

Gow, with FIRE Legal Network attorney , will make his best case. 

To prove that the First Amendment protects his speech, Gow must show he spoke on public issues in his private capacity. He should have no problem doing so: His content discusses topics of burgeoning public interest including vegan cooking, sex-positivity, and adult relationships. And Gow undoubtedly spoke as a private citizen, as public universities do not employ professors to create pornography. ÃÛÖ­ÏãÌÒ’s letter to the UW Board of Regents provides a plethora of legal precedents protecting public employees’ fundamental right to speak, write, and film sexually charged expression off the clock. 

Gow’s termination Friday punctuated a dark week for tenured professors’ free speech rights. On Tuesday, the University of Pennsylvania suspended law professor Amy Wax for political commentary on racial issues. On Thursday, news broke that Muhlenberg College had terminated tenured anthropology professor Maura Finkelstein for her pro-Palestinian advocacy. Historically speaking, we’re living in a time where more academics have been punished for what they say or write than during the Red Scare. 

Free speech and tenure protect professors precisely when they speak about controversial issues. Academic freedom enshrines the right to explore ideas and topics that may offend others, because American colleges and universities, dedicated to the free exchange of ideas, should be where academics are able to speak openly and honestly without losing their jobs. The First Amendment’s protection is strongest when faculty teach, research, and debate matters of public interest, as Gow, Wax, and Finkelstein have all done. 

Our right to speak must not be subject to blustering bureaucrats or squeamish scolds. 

The clear free speech promises in the policies and mission statements of , (also a public institution bound by the First Amendment), Penn, and Muhlenberg are worthless unless those institutions uphold them when challenged. The donors, lawmakers, and online commentators who pressured these schools to censor got what they wanted — tenured professors terminated. Each institution threw their faculty under the bus. 

Our right to speak must not be subject to blustering bureaucrats or squeamish scolds. You may not like Gow or his porn. Maybe your employer detests a few of your hobbies as well. You may totally disagree with Wax’s views on race or Finkelstein’s take on Israel/Palestine, but like our democracy, universities aren’t meant to be echo chambers for orthodoxy. Upholding a culture of free speech means letting employees express themselves, so long they can do their job. None of the allegations against the professors here cast doubt on their ability to teach. 

Courts are the last bulwark when universities violate professors’ rights. A strong decision upholding Gow’s First Amendment claim will make universities nationwide think twice about censoring their faculty.