Clouds pass above the LSU Law Center on Monday, March 20, 2023, on Highland Road in Baton Rouge. (Matthew Perschall/Louisiana Illuminator)
A state judge ordered Louisiana Gov. Jeff Landry to produce text messages he sent to the chairman of the LSU Board of Supervisors about a law professor who made comments critical of the governor to his class.
The order from 19th Judicial District Judge Tarvald Smith came Monday in the case of Ken Levy, who is suing the university after being pulled from teaching last month, allegedly for remarks he made to students on the first day of class. Attorney Jill Craft, who is representing Levy, has argued his comments are protected under the First Amendment and LSU faculty policy.
Levy testified Monday he believes one of his students reported his comments to Landry, who in turn notified the university administration, something he said Law Dean Alena Allen told him. Landry has since made several social media posts about Levy.
Levy’s comments in class were openly critical of Landry and Trump and were at times profane.
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Seeking to make a direct connection, Craft requested Landry’s text messages with LSU board chair Scott Ballard. In the messages, Landry sent Ballard a screenshot of a Facebook post Levy made to solicit donations to cover the cost of his lawsuit.
“Please remember – this isn’t just about me,” Levy wrote in the Facebook post. “This is about you too. If LSU (and Gov. Landry) can get away with violating my rights, they can get away with violating your rights too. So to help me is to help everybody else. If I win, we all win; if I lose, we all lose.”
While Levy’s fundraising is not at issue in the case, it was among the first things Jimmy Faircloth, an attorney representing LSU in the lawsuit, brought up when he cross-examined Levy.
Faircloth asked Levy why he was soliciting donations from students. Levy responded that it was a public Facebook post seeking support from anybody, not specifically students. Levy’s post did not mention students, referencing support from “family and friends.”
At several points during Monday’s hearing, Faircloth objected to mentions of Landry, pointing out he is not a party to the case. His objections were mostly overruled.
While Landry is not a defendant in the lawsuit, he is the head of the executive branch that includes the state’s four higher education systems. He also has appointed most of the board that oversees LSU, including naming its chair thanks to a law passed last year that gives him more authority over higher education.
Smith recessed the hearing before all witnesses could be heard. Arguments are scheduled to resume at 8:30 a.m. Tuesday. LSU President William Tate, Allen and several of Levy’s students are expected to testify.
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