A federal appeals court on Monday upheld a jurisdiction that upheld the dismissal of a Florida college teacher who had denied the 2012 massacre of 20 children and six adults at Sandy Hook Elementary School in Connecticut, claiming he had been subordinate.
James Tracy was serving time at the Florida Atlantic University School of Communication and Multimedia Studies in Boca Raton when he denied the Sandy Hook massacre in a personal blog, following Monday's decision by the 11th U.S. Circuit Court of Appeals in Atlanta James Tracy v Florida Atlantic University of Trustees et al.
The university did not ask Mr. Tracy, whose denial of the shooting deaths caught the attention of national news media, to stop blogging but requested that he post a disclaimer on his blog and report his external activities under the faculty's collective agreement under the decision.
As part of a settlement, Trement published a disclaimer but refused to report its blog, claiming it did not qualify as "reportable external activity", the decision said.
The university graduated Mr. Tracy after refusing several requests to submit external activity reports. and ignored warnings that his inconsistency could lead to dismissal, they said.
Mr. Tracy sued the university on bills, including that its policy was unconstitutionally vague, that his termination violated the collective agreement, and that the university had used his insubordination as a pretext for retaliation from the First Amendment. contract treaty claim but denied a summary assessment of his repression claim for the first amendment. A jury in West Palm Beach, Florida, ruled in favor of the university after a nine-day trial.
Mr. Tracy presented the Board of Appeal to set aside the district court's summary decisions and set aside the judgments of the judges. On the repression claim, the panel stated: "In order to establish that he was released from liability for retaliation for protected speech, the plaintiff must, among other things, prove that his speech played a 'significant role' in the university's decision to dismiss him,"
"The jury found that the plaintiff had failed to do so because it found that the plaintiff's blog speech was not a motivating factor in the university's decision. We conclude that there was more than enough evidence to support the jury's judgment. "
It is said that university officials testified about that they had terminated him for subordination, that they would not have dismissed him if he had submitted external activity reports, and that they had never asked him to stop writing his blog.
"There is little doubt that the plaintiff was subordinate." , said the Appeals Panel, confirming the decisions of the lower court in the case.
The University said in a statement that it “Appreciates the well ̵
Mr. Tracy's lawyers did not respond to a request for comment. Catalog