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CAUT Bulletin Archives
1996-2016

November 2000

U.S. Appeals Court Upholds the Ideal of Free Speech

An appeals court in the United States has ruled that three professors at the University of Vincennes in southwestern Indiana have a case against their university, which penalised them financially after they criticised the institution. The three received smaller increases than their colleagues when the university awarded raises in 1995 to bring salaries into line with neighbouring colleges. The teachers argued that since their job performance evaluations were satisfactory, the differential treatment was to punish them for speaking out against Vincennes' employment policies. The university argued the three could not claim they had been victims of retaliation because they did not suffer adverse job affects other than the low pay rise. But the Court of Appeal disagreed, saying that any action that chills free speech can be considered retaliation, even if it is "something as trivial as making fun of an employee for bringing a birthday cake" to an office party.