A divided three-judge panel of the Ninth Circuit Court of Appeals ruled that the University of Washington violated a computer science professor’s First Amendment rights when it investigated and reprimanded him for posting a parody land acknowledgment in a syllabus.
The professor, Stuart Reges, has taught at UW’s Paul G. Allen School of Computer Science and Engineering since 2004. In January 2022, he included his own land acknowledgment in a syllabus for an introductory programming course, pushing back against the school’s recommendation that faculty include a statement recognizing Coast Salish peoples.
His version invoked philosopher John Locke’s labor theory of property to argue the opposite point — that indigenous peoples could claim “almost none” of the land occupied by UW.
The statement sparked student complaints, a public apology from the Allen School, a disciplinary investigation lasting more than a year, and a separate section of the course taught by another instructor.
Reges was ultimately not formally sanctioned, but was warned that repeating the statement could lead to discipline — a threat the court said itself violated the First Amendment.
Represented by the Foundation for Individual Rights and Expression, Reges sued the UW in 2022. A district court sided with UW, but the Ninth Circuit reversed that decision last Friday, Dec. 19.
Writing for the majority, Judge Daniel Bress said student discomfort cannot justify retaliation against a professor’s speech on matters of public concern.
Judge Sidney Thomas dissented, arguing that the disruption that Reges’ statement caused to Native students’ learning outweighed his First Amendment speech interests.
Potential next steps for the University of Washington could include asking for a rehearing from the full Ninth Circuit or an appeal to the U.S. Supreme Court. If the university does neither, the case returns to district court to determine remedies.
The UW said in a statement that it is weighing its options “We maintain that we have a responsibility to protect our students and that the UW acted appropriately,” the UW statement said.
