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Judge cuts short Temple Univ. trial

A federal judge has tossed out a lawsuit brought by a former Temple University graduate student who claims the Philadelphia school denied him a master's degree because of his conservative political views. Christian DeJohn claims Temple officials retaliated against him when he spoke out against anti-war e-mails he'd received from professors while he served overseas with the Pennsylvania National Guard.



Although DeJohn was originally told he would get his day in court, halfway through the scheduled three-day jury trial, District Judge Stewart Dalzell ended it by granting Temple's motion to dismiss the retaliation claim.

DeJohn's attorney, David French with the Alliance Defense Fund, says Dalzell ruled that one of DeJohn's professors was immune from suit, and there was no need for Temple University to train its professors to respect the free-speech rights of students. "That's a particularly disturbing ruling for the rights of students," French observes.

"The idea that a professor could be immune from suit, even when they violate the First Amendment rights of their students, is a bit disturbing," the ADF lawyer says. He says he finds the court's decision puzzling.

"It is interesting," French contends. "It seems like in many other contexts it's easier, for example, to hold a police officer liable for suppressing the constitutional rights of citizens," he says, "but other government employees like professors sometimes seem to get favored treatment in the eyes of the law."

While Judge Dalzell's ruling is disappointing, French says he and DeJohn are considering an appeal. However, the attorney says DeJohn remains heartened by last month's court decision declaring Temple University's student speech code, which the graduate student had challenged, unconstitutional. Temple is already appealing that decision.