Posted on February 17, 2023

Professor Sues University of Texas for First Amendment Violations

Institute for Free Speech, February 9, 2023

A finance professor is suing officials at the University of Texas at Austin (UT) who threatened to punish him for his criticism of the university by threatening his job, reducing his pay, and removing his affiliation with UT’s Salem Center.

In a complaint filed in the Austin federal court, Dr. Richard Lowery, an Associate Professor of Finance at the McCombs School of Business at UT-Austin, said the officials at the state’s flagship university violated his constitutional right to criticize government officials. The lawsuit also claims the UT administration harmed his right to academic freedom.

Professor Lowery is well known for his vigorous commentary on university affairs. His articles have appeared widely, including in The Hill, the Texas Tribune, the Houston Chronicle, and The College Fix. He questioned the UT administration’s approaches to critical-race theory, affirmative action, academic freedom, competence-based performance measures, and the future of capitalism.

One key target of Prof. Lowery’s critiques was the UT administration’s use of diversity, equity, and inclusion (DEI) requirements to filter out competent academics who dissent from the DEI ideology.

Lowery’s lawyers wrote in the complaint that UT’s administration “responded with a campaign to silence Lowery.”

The campaign started by pressuring Carlos Carvalho, another professor of business at the UT McCombs School who is also the Executive Director of the Salem Center for Public Policy, an academic institute that is part of the McCombs School. Lowery is an Associate Director and a Senior Scholar at the Salem Center and reports to Carvalho.

In the summer of 2022, Sheridan Titman, one of the senior UT officials named in the lawsuit, told Carvalho, “We need to do something about Richard.” According to the lawsuit, “he added that [UT] President [Jay] Hartzell and Dean [Lillian] Mills were upset about Lowery’s political advocacy.” Titman wanted to know if ‘we can ask him to tone it down?’”

Carvalho understood this as a threat by Titman, directed at Lowery, but initially refused to convey it. Carvalho explained to Titman that the First Amendment protected Prof. Lowery’s right to expression.

Despite this, the administrators ratcheted up the pressure on Carvalho and Lowery. When Carvalho again resisted calls to discipline Lowery over his speech. Dean Mills, the lead defendant in the lawsuit, threatened to remove Carvalho from his Executive Director post. “I don’t need to remind you that you serve at my pleasure,” she said.

These were among the UT administration’s threats to Lowery’s “job, pay, institute affiliation, research opportunities, [and] academic freedom.”

Some in the administration even “allowed, or at least did not retract, a UT employee’s request that police surveil Lowery’s speech, because he might contact politicians or other influential people.”

“Fearing further retribution, Lowery began self-censoring.” He locked his Twitter account, which hid it from the general public. He also “stopped using Twitter entirely and has curtailed his public speech critical of the UT Administration.”