BATON ROUGE - LSU can't be forced to put embattled LSU law professor Ken Levy back in the classroom without a full hearing on the evidence, the First Circuit Court of Appeal ruled Tuesday.

The LSU Board of Supervisors had asked the court Monday to review a 19th Judicial District ruling ordering the university to let him return to teaching.

The First Circuit decision said a temporary restraining order like the one issued by Judge Don Johnson in Levy's case that forces one party to do something "may not issue without a full evidentiary hearing."

Levy, who is tenured, was removed from his teaching position Jan. 22. The lawsuit Levy filed against the university said that in a class a few days earlier about police and public interactions, Levy said "F**k the governor" and "f**k that" while criticizing Governor Jeff Landry for publicly rebuking a law school colleague.

Jill Craft, who represents Levy in the suit, has said that if the profanity was the problem "then maybe somebody needs to explain to me how Brian Kelly is on TV using the 'f word' directed at students."

However, Attorney General Liz Murrill, said the free speech protections of the First Amendment don't prevent a school from control of or discipline related to a teacher's lectures.

Professors do not have "carte blanche to say whatever they wish, whenever they wish," Murrill said.

Levy's suit claimed a student complained to the governor and calls were made to the university administration. Levy and the law school dean met and concluded the meeting with an agreement that the professor could continue to speak his mind about controversial issues.

The lawsuit further says that Levy's comments came about because of a no-recording policy he instated due to an issue involving one of his colleagues at the law school, in which LSU law school professor Nicholas Bryner's lecture was criticized on social media by Landry shortly after the election.

A hearing is set to be held Feb. 10 on Levy's suit.

LSU issued the following statement regarding the First Circuit Court's decision: 

The First Circuit has recognized LSU’s right to respond to concerns about inappropriate conduct in the classroom.

Our position on this matter has been very clear; the Ken Levy situation is not a question of academic freedom. The university values the rights of faculty to engage in scholarly discourse and express diverse viewpoints. However, there are limits and standards when it comes to the classroom based on what LSU views to be civil discourse and maintaining a healthy relationship between students and faculty.

LSU took immediate action to remove Professor Levy from the classroom after complaints about the professor’s remarks. Our investigation found that Professor Levy created a classroom environment that was demeaning to students who do not hold his political view, threatening in terms of their grades, and profane. To be clear, academic freedom “involves doing the job of facilitating learning and gaining knowledge relevant to the subject being taught or researched.” Our investigation revealed that Professor Levy crossed that line. For the good of the students, we expect faculty to explore the subject matter, not threaten or indoctrinate.

Gov. Jeff Landry, who Levy's comments referenced, also commented on the situation Tuesday. 

"To my fellow citizens, is this the type of language and attitude you expect your tax dollars to pay for?" Landry said in a social media post. "No judge would tolerate this conduct in their courtroom or any legal professional setting. It should not be tolerated at our taxpayer funded universities either."

To my fellow citizens, is this the type of language and attitude you expect your tax dollars to pay for?

No judge would tolerate this conduct in their courtroom or any legal professional setting. It should not be tolerated at our taxpayer funded universities either.°
Quotes…

— Governor Jeff Landry (@LAGovJeffLandry) February 4, 2025