Fagal v. Marywood University

November 19, 2019

With the assistance of FIRE Legal Network Daniel L. Schmutter of Hartman & Winnicki, PC, FIRE filed an amicus curiae brief arguing the Third Circuit should grant rehearing en banc and overturn a panel opinion upholding denial of a terminated professor’s contract claim against a private university. FIRE argues that the panel’s ruling threatens free speech and academic freedom by applying the rules of contract construction and appellate review in a way that strongly disfavors faculty members and invites pretextual terminations. FIRE argued that there is ample reason for concern, given the prevalence of calls to terminate controversial professors nationwide.