Professor Loses On Claim of Retaliation For Religious Speech Aimed At Students

In Payne v. University of South Mississippi, (SD MI, Feb. 21, 2014), a Mississippi federal district court held that the 1st Amendment does not preclude a faculty member at a public university being disciplined for religious speech made as part of his duties as a professor. According to the court:

A graduate student employed in a program administered by Plaintiff ... complained: “Sometimes during conversations with Dr. Payne, religion or Bible verses are usually brought up by him in some way. This makes me and others very uncomfortable. . . . While in Scotland with CJA staff, Dr. Payne made the statement that anyone who is not a Christian is going to hell.” She continued: “I have been told to go pray about certain issues when they are being discussed with Dr. Payne numerous times. . . . I do not feel comfortable when told to go pray from my supervisor instead of dealing with the situation.”

The court dismissed plaintiff's 1st Amendment retaliation claim.