Judge says embattled LSU law professor “has every right” for legal action

BATON ROUGE, La. (WAFB) - District Court Judge Tarvald Smith denied LSU’s request for the courts to stand down in the case of embattled LSU law professor Ken Levy.

And, he allowed an evidentiary hearing in the case to proceed.

That hearing got underway Monday afternoon.

LSU removed Levy from the classroom last month after controversial comments he made during a class lecture.

In allowing the hearing, Smith said it is not premature for the courts to intervene and possibly use a retraining order to force LSU to return Levy to the classroom. The judge said Levy “has every right, in this court’s opinion, to bring this action.”

Attorney Jimmy Faircloth, representing LSU, told Judge Smith the issue was an ongoing “employment matter” and the professor’s request for a temporary restraining order from the court is premature.

“This is a lawsuit that is out ahead of itself,” Faircloth said. He said Levy’s moves to “drag” the courts into this “didn’t have to happen and shouldn’t have happened.” He said Levy is a professor who “knows no bounds.”

19th Judicial District Judge Don Johnson previously granted a temporary restraining order in the case but that order was later overturned by the First Circuit Court of Appeal.

During the lecture in question, Levy is heard saying a slew of curse words and making unflattering comments about both Louisiana Governor Jeff Landry and President Donald Trump.

LSU says a student complained about the content of the lecture, leading the university to remove Levy from the classroom until an investigation could be conducted.

Levy is on administrative leave with full pay and benefits as the internal university investigation continues.

Levy is represented by prominent attorney Jill Craft, who often defends people in employment matters.

During Monday’s hearing Craft said removing her client from the classroom has already caused him professional harm and he needs to be returned to the classroom to “stop the bleeding.”

“It doesn’t matter if he’s still getting paid, he’s suffered a depravation and that’s why we’re here,” Craft said.

An emotional Levy testified from the stand that his removal from the classroom has devastated him. “My job teaching means everything to me,” he said.

Levy said LSU Law School Dean Alena Allen has previously encouraged him and other law professors to “continue to speak your mind” and to not shy away from hot topics.

He said being disciplined for something he said in a lecture was the last thing he thought would happen.

“It’s not what I thought LSU was,” Levy told the court, “It’s not what I thought America was.”

As part of this case, Craft subpoened copies of any text messages or emails concerning Levy sent between Louisiana Governor Jeff Landry and anyone at LSU, including the LSU Board of Supervisors.

The governor’s office objected and asked that the subpoena be squashed.

However, Judge Smith ordered that they be produced. Attorneys for the governor then handed over two pages of “relevant” evidence.

The content of the governor’s texts or emails have not yet been read in open court.

LSU President William Tate is among at least eight witnessed expected to be called to testify at the evidentiary hearing when it continues Tuesday.

The hearing is set to resume at 10 a.m. Tuesday.

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