Ninth Circuit Reverse Trial Court's Dismissal of Complaint Finding Professor's Comments Regarding Math Curriculum Was a Matter of Public Concerns Protected by the First Amendment

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On 3/11/25, in Jensen v. Brown, the Ninth Circuit Court of Appeals issued a decision reversing and remanding a trial court decision to dismiss a professor's complaint for First Amendment retaliation, after he allegedly voiced concerns about a policy change to allow remedial students to be placed in college level match classes. The Ninth Circuit noted prior Supreme Court precedent provides first Amendment protection to public employees from retaliation for protected speech where the employee is commenting on matters of public concern. The Court found that the alleged comments regarding the mathematics curriculum addressed a matter of public concern.

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/10/23-2545.pdf


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