Purdue University Calumet: First Amendment Violations Against Professor Who Criticized Muslims

January 24, 2012

After investigating nine complaints of harassment and discrimination against Professor Maurice Eisenstein, Purdue University Calumet dismissed all of them. Among other comments on his personal Facebook page, Eisenstein had criticized “‘moderate’ Muslims” who he believed had not condemned violence after an attack by “a radical Muslim group” killed Christians in Nigeria. Although Eisenstein was cleared of all of the charges after intervention from FIRE in January 2012, he was found guilty of “retaliation” due to other protected comments. He filed a lawsuit in May 2012.

Anti-Harassment Policy

Speech Code Category: Harassment Policies
Last updated: September 22, 2017

The University reaffirms its commitment to freedom of speech as guaranteed by the First Amendment to the United States Constitution. Accordingly, any form of speech or conduct that is protected by the First Amendment is not subject to this policy.

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Harassment

Conduct towards another person or identifiable group of persons that has the purpose or effect of:

1. Creating an intimidating or hostile educational environment, work environment, or environment for participation in a University activity;
2. Unreasonably interfering with a person’s educational environment, work environment, or environment for participation in a University activity; or
3. Unreasonably affecting a person’s educational or work opportunities or participation in a University activity.

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Purdue University Student Code of Conduct Operationalized for Purdue Northwest

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: September 22, 2017

The following actions constitute conduct for which students may be subject to administrative action or disciplinary penalties. … Lewd, indecent, or obscene conduct on University property or in connection with a University activity.

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Free Speech & Open Expression on Campus

Speech Code Category: Protest and Demonstration Policies
Last updated: September 22, 2017

Purdue University Northwest recognizes the protections guaranteed by the First Amendment to the Constitution of the United States and believes academic progress and freedom flourish when these rights are assured.  Consistent with these protections, and with the powers and duties granted to the Trustees of Purdue University by the Indiana General Assembly, the Trustees have published Regulations Governing the Use and Assignment of University Facilities (Policy1.4.1).

Consistent with the foregoing principles and regulations, Purdue University Northwest offers the following guidelines for the use of facilities at Purdue University Northwest.

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Priority is given for use of any location by groups who register their assemblies with the University. Persons interested in exercising their rights of expression in specific location are encouraged but not required to reserve the location for their events. The use of megaphones is permitted as consistent with the applicable law and local ordinances, but amplified equipment may not be used outside.

Nothing in the foregoing shall be interpreted as limiting the right of student expression elsewhere on the campus so long as the expressive activity or related student conduct does not disrupt University activities and functions or violate any other applicable University policies. Obstructing building entrances, walkways, and rights-of-way; obstructing vehicular or pedestrian traffic on or adjacent to campus; or interfering with classes, meetings, events or ceremonies or with other essential processes of the University will generally be considered to be disruptive of University activities and functions.

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New Threat to Campus Speech: Department of Education’s Plans for Racial Harassment, Report Says

December 11, 2015

By Peter Maxwell at The College Fix Fear that agency’s guidance could ‘parallel’ broad sexual-harassment rules Despite a plunge this year in the number of universities with severe restrictions on free speech, new threats are on the horizon thanks to outgoing Education Secretary Arne Duncan’s recent statements on racial issues, according to a new report. For the first time since the Foundation for Individual Rights in Education started tracking speech codes on college campuses, less than half of American colleges it has rated maintain “red light” policies, FIRE’s annual “Spotlight” report said. Between September 2014 and September 2015, FIRE downgraded 10 universities […]

Report: Campus Free Speech Might Be Spreading, But the Federal Government Wants to Stop That

December 10, 2015

By Robby Soave at Reason.com Some good news and some bad news from the Foundation for Individual Rights in Education: the number of college campuses maintaining restrictions on speech has decreased for an eighth consecutive year, but the Education Department’s guidance on sexual harassment continues to pose a significant threat to free expression. According to FIRE’s 2016 report on “The State of Free Speech on Our Nation’s Campuses,” just 49.3 percent of American universities maintain severely unconstitutional speech codes. This is the first time in FIRE’s 16-year history that statistic has dipped below 50 percent. Additionally, six universities eliminated speech […]

Purdue University Calumet Eliminates All Speech Codes

September 30, 2015

By Aleister at College Insurrection The elimination of speech codes is a good thing. More of this, please. The FIRE blog reported. Purdue Calumet Eliminates All of Its Speech Codes, Earns FIRE’s Highest Free Speech Rating HAMMOND, Ind., September 29, 2015—The Foundation for Individual Rights in Education (FIRE) is pleased to announce that Purdue University Calumet has earned FIRE’s highest, “green light” rating for free speech by eliminating all of its restrictive speech policies. With assistance from FIRE, Purdue Calumet joins an elite group of colleges and universities that have reformed their speech-related policies to comply with First Amendment standards. […]

Professor’s Facebook comments about Muslims brings campus outcry, lawsuit

May 18, 2012

A Purdue University Calumet (PUC) professor who was reprimanded for a series of Facebook comments critical of Muslims, drawing harsh criticism from students and faculty members, has filed a free-speech lawsuit against the university. Maurice Eisenstein, an associate professor of political science at PUC, posted a picture of Facebook last November of “Christians killed by a radical Muslim group.” Eisenstein criticized “moderate Muslims” for failing to condemn the alleged attack. He added that Muslims are “still looking at the earth as flat according to the idiot Mohammad [sic], may his name be cursed.” Eisenstein was accused of engaging in a […]

Purdue Calumet Eliminates All of Its Speech Codes, Earns FIRE’s Highest Free Speech Rating

September 29, 2015

HAMMOND, Ind., September 29, 2015—The Foundation for Individual Rights in Education (FIRE) is pleased to announce that Purdue University Calumet has earned FIRE’s highest, “green light” rating for free speech by eliminating all of its restrictive speech policies. With assistance from FIRE, Purdue Calumet joins an elite group of colleges and universities that have reformed their speech-related policies to comply with First Amendment standards. In May, Purdue University’s flagship campus in West Lafayette, Indiana, earned FIRE’s green light rating. FIRE then worked with officials at the Calumet campus this month to revise their speech codes as well. The university formerly […]

Four Key Points About Free Speech and the Feds’ ‘Blueprint’

July 15, 2013

It’s been more than two months since FIRE and the higher ed community were shocked by a letter issued jointly by the Departments of Education and Justice to the University of Montana. FIRE staff have blogged extensively about the Departments’ “blueprint” for campus sexual harassment in the last 10 weeks, but there are four crucial points that I believe bear special emphasis. 1. Overbroad and vague harassment rationales have been the primary justification and legal theory behind campus speech codes since the 1980s.  In one sense, the attempt to stretch the definition of harassment beyond all recognition is nothing new. Speech codes came into vogue on campuses […]

Controversial Purdue Professor Wins Battle Over Publishing Public Documents

July 6, 2012

Professor Maurice Eisenstein, who was ganged up on for months by some of his faculty colleagues due to his protected expression, has won another battle for free speech at Purdue University Calumet. After investigating nine complaints of harassment and discrimination against Eisenstein, Purdue University Calumet dismissed all of them. Among other comments on his personal Facebook page, Eisenstein had criticized “‘moderate’ Muslims” who he believed had not condemned violence after an attack by “a radical Muslim group” had killed Christians in Nigeria. Although Eisenstein was cleared of all charges after intervention from FIRE in January 2012, he was found guilty […]

Who You Gonna Call?

May 22, 2012

FIRE, of course! Professor Maurice Eisenstein, who is suing Purdue University Calumet for violating his free speech rights after he criticized Muslims on Facebook, was interviewed by Frontpage in a piece published today. The interview provides a detailed account of his ordeal. Here is an excerpt about FIRE’s influence in his case:  FP: The University cleared you of these 9 harassment/discrimination complaints. How or why do you think that happened? Eisenstein: My very short answer is: the Foundation for Individual Rights in Education, FIRE. If not for FIRE, I think things could have and would have likely gone very differently. […]

Free Speech Lawsuit at Purdue-Calumet Hits Fox News, Associated Press

May 18, 2012

Yesterday, the media began to pick up the lawsuit filed in Indiana last week by a Purdue University Calumet professor who had generated controversy by criticizing Muslims on Facebook. As his lawsuit points out, Professor Maurice Eisenstein was cleared of nine complaints after a months-long investigation only to be found guilty of “retaliation,” when really it was his own colleagues who had ganged up against him to shut him up. FIRE has been advocating for Eisenstein since January.  The case was covered this afternoon by Mike Jaccarino at FoxNews.com:  “When you investigate free speech, you chill free speech,” Eisenstein said. […]

Professor Who Criticized Muslims on Facebook Sues Purdue University Calumet

May 16, 2012

Here’s today’s press release:  CHICAGO, May 16, 2012—A professor has filed a free speech lawsuit against Purdue University Calumet after the university punished him in the wake of his remarks about Muslims on Facebook. The PUC Muslim Student Association and several students and faculty members had filed harassment complaints against professor Maurice Eisenstein after he criticized moderate Muslims who he believed had not condemned “radical Muslim” terrorism in Nigeria. Two faculty members had also filed retaliation complaints against Eisenstein, who came to the Foundation for Individual Rights in Education (FIRE) for help. “This is not the first time and it […]

Professor Who Criticized Muslims on Facebook Sues Purdue University Calumet

May 16, 2012

CHICAGO, May 16, 2012—A professor has filed a free speech lawsuit against Purdue University Calumet after the university punished him in the wake of his remarks about Muslims on Facebook. The PUC Muslim Student Association and several students and faculty members had filed harassment complaints against professor Maurice Eisenstein after he criticized moderate Muslims who he believed had not condemned “radical Muslim” terrorism in Nigeria. Two faculty members had also filed retaliation complaints against Eisenstein, who came to the Foundation for Individual Rights in Education (FIRE) for help. “This is not the first time and it won’t be the last […]

Purdue University Calumet Declares Professor Guilty of ‘Retaliation’

April 13, 2012

As we wrote here a few weeks ago, Purdue University Calumet (PUC) professor Maurice Eisenstein was recently the subject of a months-long harassment investigation based on charged remarks about Islam he made on his personal Facebook page and while teaching. A number of students, calling the remarks offensive, submitted complaints to PUC. But merely causing offense, even serious offense, does not constitute harassment in the educational setting. Indeed, speech has to be more than simply “offensive” to lose First Amendment protection and become actionable harassment. This is why we were glad that, following a letter from FIRE, PUC dismissed all […]

Kissel on Free Speech in Purdue University Calumet Student Paper

April 3, 2012

Following a talk by FIRE’s Adam Kissel at Purdue University Calumet last week, The Purdue University Calumet Chronicle has published an article reiterating Adam’s points about free speech on campus. The Chronicle highlights Adam’s discussion of the importance on a college campus of allowing a full exchange of ideas to take place: “What are the true ideas, what are the false ideas? What are the beautiful ideas, what are the ugly ideas?” Kissel said.  He stressed that we must allow ourselves to get offended regularly, because surrounding oneself with homogenous groups of people limits learning and the ability to analyze […]

Purdue-Calumet Investigates Professor’s Speech for Months, Chilling Expression

February 20, 2012

Purdue University Calumet (PUC) has been investigating a professor for months due to what looks like an organized onslaught of complaints about his expression on Facebook and in class about Muslims, even though some of the complainants never took his class and many have left unspecified what speech, exactly, they were complaining about. Professor Maurice Eisenstein has been under investigation since the complaints were filed in mid-November 2011, more than three months ago. FIRE wrote PUC Chancellor Thomas L. Keon on January 24, 2012, about the investigation: The principle of freedom of speech does not exist to protect only non-controversial […]