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Settlement Reached in Freedom of Speech Case
By Marjorie J. Censer
In July, student Christina Axson-Flynn and the University of Utah reached a settlement in the case of Axson-Flynn v. Johnson. Axson-Flynn had filed suit against theater professors at the university who required, as part of the curriculum, that students perform set pieces, some of which included profanity. The professors asserted that taking on difficult roles, including ones that make actors uncomfortable and challenge their perspective, is an essential part of an actor's training. Axson-Flynn, who had religious objections to using profanity, changed some words in assigned scripts for in-class performances. When her professors warned that she would not be able to change scripts in future assignments, she dropped out of the theater program and sued.
In February 2004, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court's decision, which had rejected the student's First Amendment claims, and ordered it to reconsider. While the panel of three judges embraced the notion that courts should defer to the professional judgment of faculty to determine what is pedagogically appropriate in the college classroom, the appeals court ultimately concluded that "viewing the evidence in a light most favorable to Axson-Flynn . . . there is a genuine issue of material fact as to whether [the professors'] justification for the script adherence requirement was truly pedagogical or whether it was pretext for religious discrimination."
In the settlement, Axson-Flynn agreed to dismiss her legal action against the university. The university agreed to implement a religious accommodation policy, refund Axson-Flynn's tuition and fees for the 1998-99 academic year, pay her attorney fees, and readmit her to the university.
The AAUP filed an amicus brief in support of the theater professors. The Association wrote that holding professors liable for damages because they insist that students complete course requirements would disregard established principles of academic freedom.
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