Buchanan v. Alexander, No. 18-30148 (5th Cir. 2019)Annotate this Case
After plaintiff was fired from her tenured professorship by the Board of LSU, she filed suit against defendants alleging that they violated her First and Fourteenth Amendment right to free speech and academic freedom, and her Fourteenth Amendment procedural and substantive due process rights. Plaintiff also alleged a facial challenge to LSU's sexual harassment policies.
The Fifth Circuit affirmed the district court's dismissal of plaintiff's as-applied challenge and held that the district court correctly concluded that plaintiff's speech was not protected by the First Amendment. In this case, plaintiff's speech was not a matter of public concern, because the use of profanity and discussion of professors' and students' sex lives were clearly not related to the training of Pre-K–Third grade teachers. The court vacated plaintiff's facial challenge and held that she failed to sue the proper party, the Board of Supervisors, which is responsible for the creation and enforcement of the policies at issue. Although the court need not address the district court's holding on qualified immunity because plaintiff's claims failed, the court nevertheless affirmed that all defendants were entitled to qualified immunity on her damages claims.