Louisville professor asks 6th Circuit to vindicate his free speech rights

WHO: Alliance Defending Freedom attorneys

WHAT: Available for media interviews following oral arguments in Josephson v. Ganzel

WHEN: Immediately following hearing, which begins at 9 a.m. EDT, Tuesday, July 23

WHERE: U.S. Court of Appeals for the 6th Circuit, Potter Stewart U.S. Courthouse, 100 E. Fifth St., Cincinnati; or view the livestream. To schedule an interview, contact ADF Deputy Director of Media Relations AnnMarie Pariseau at (480) 417-3975.

CINCINNATI – Alliance Defending Freedom attorneys representing a professor whom University of Louisville officials demoted, harassed, and then fired because of his views will be available for media interviews Tuesday following oral arguments at the U.S. Court of Appeals for the 6th Circuit. ADF attorneys filed a brief in April asking the court to rule that Dr. Allan Josephson’s case, Josephson v. Ganzel, against these officials should proceed to trial.

Josephson is a distinguished child psychiatrist who turned around the University of Louisville’s then-struggling Division of Child and Adolescent Psychiatry and Psychology in 2003. After Josephson spoke in his personal capacity in a panel discussion about his views on children experiencing gender dysphoria, university officials punished and then fired him in 2019. After he sued the school, a federal district court ruled in March 2023 that a jury should hear his claims that university officials retaliated against him for his constitutionally protected speech. University officials are arguing that they are immune from having to stand trial.

“Universities should welcome differing viewpoints and encourage civil discourse in their academic communities—and that includes professors,” said ADF Senior Counsel Travis Barham, who will be arguing before the court. “Dr. Josephson has had a long and distinguished career at the University of Louisville, leading and rebuilding its child psychiatry program. He spoke about treatments for children struggling with their sex in his own personal time, and yet the University punished him for expressing his opinion. Public universities are not immune from legal action when it comes to the First Amendment, and we are urging the court to uphold Dr. Josephson’s clearly established right to free speech.”

In the fall of 2017, Josephson participated in a panel discussion at The Heritage Foundation on treatment approaches for youth experiencing gender dysphoria. He also served as an expert witness addressing similar issues. A few of his colleagues disagreed with his views and demanded that the university take disciplinary action. University officials responded by demoting him weeks later to the role of a junior faculty member.

For the next year, Josephson was ostracized, stripped of teaching duties, and subjected to other forms of hostility. In February 2019, the university announced that it would not renew his contract in June, a highly unusual decision that terminated his employment at the university and ended his 40-year career.

• Pronunciation guide: Barham (BEAR’-um)

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.

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