Clay Calvert Comments on Offensive Tweets and First Amendment Protection

Clay Calvert, director of the Marion B. Brechner First Amendment Project at the University of Florida College of Journalism and Communications, is quoted in “A North Carolina Professor Who Sparked Outrage with His Tweets Still Has His Job. Why? It’s Called the First Amendment” published in USA Today on June 11.

Mike Adams, a professor at the University of North Carolina Wilmington, recently sparked outrage with his tweets on a variety of topics including criticizing people wearing masks, calling the state governor a fascist, and labeling women studies as a nonessential major among others. The University called the tweets vile, but claimed they are protected by the First Amendment.

According to Calvert, there are a few ways a professor can express his or her own opinions with protection from the First Amendment.

“Even though his specific comments are racist and offensive, the larger subject matter is a matter of public concern,” Calvert said, referring to Adams. “Therefore, he is going to have some First Amendment protection, but it’s not unlimited.”

Calvert added that because Adams used his personal Twitter account, he has more First Amendment rights.

“The first thing you’d have to ask is, is the public employee speaking in his official job capacity or role? If so, then the First Amendment speech rights are very limited,” Calvert said, adding, “If he had made a comment like that in the classroom, then the only way it would be protected would be if it was ‘germane’ to the subject matter.”

“The university could fire Adams, – a stronger statement than just condemning the tweets, but the repercussions would be a lawsuit that (the university) would have to defend,” Calvert said.

Posted: June 12, 2020
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Calvert, Marion B. Brechner First Amendment Project