LSU’s Memorial Tower on Monday, March 20, 2023, on Tower Drive in Baton Rouge. (Matthew Perschall for Louisiana Illuminator)
An LSU historian is being sued for defamation by a Pennsylvania state legislator and seeks to have the lawsuit dismissed on the grounds that the lawmaker is trying to curtail his First Amendment rights.
James Gregory, director of LSU’s William A. Brookshire Military Museum and an adjunct instructor of military history, is being sued by Republican Pennsylvania state Sen. Doug Mastriano for defamation after Gregory criticized Mastriano’s academic research and raised concerns about its integrity.
Mastriano sued Gregory and nearly two dozen other defendants in the U.S. District Court for the Western District of Oklahoma in May, but the Foundation for Individual Rights and Expression, or FIRE, filed a motion Thursday to dismiss the lawsuit. The free speech organization, known for its defense of conservative speech on college campuses, is representing Gregory.
“The First Amendment means all Americans have the right to criticize public officials, no matter how angry that criticism makes them,” Greg Greubel, a FIRE attorney, said in a news release. “Politicians should be concerned about legislating for the people, not suing critics when their feelings get hurt.”
The lawsuit alleges Mastriano is “the victim of a multi-year racketeering and antitrust enterprise” that seeks to steal, use and “debunk his work” that is worth at least $10 million in “tourism-related events, validated museum artifacts, book, media, television and movie deals.”
Mastriano is a far-right Republican and retired military officer who was the GOP’s nominee for Pennsylvania governor in 2022. He lost to Democrat Gov. Josh Shapiro. Though Gregory first raised concerns before his bid for governor, Mastriano said it was during the campaign that Gregory’s allegations began to gain traction in the news, including some national outlets.
In the lawsuit, Mastriano alleges a conspiracy to try to “steal” his Ph. D. in U.S. military history and other professional opportunities.
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“The reality is this: One, I lived in Oklahoma and now I live [in Louisiana], I have no stake in Pennsylvania politics,” Gregory said in an interview. “Two, I’m a registered Independent and I vote Republican. Three, my first report predates his political aspirations.”
The dispute is over the two men’s research into U.S. Army Sgt. Alvin York, a Medal of Honor recipient who was among the most decorated soldiers of World War I. Gregory said he once referenced Mastriano’s work, as he was an established scholar on York, but began noticing problems with his research.
To date, Gregory has flagged 213 examples of what he believes are “academic fraud.” The instances range from quotes in Mastriano’s paper with no citation to complete fabrications, Gregory said.
For example, Gregory said he found a photo in Mastriano’s book that included a caption that had been cut from another photo from the same time period, giving the impression the photo depicted something different than what it actually did.
“From day one, it’s been nothing but academic for me,” Gregory said. “Academically speaking, this is not good. This person should not be publishing and should not be teaching if they’re capable of such blatant cases of academic fraud.”
Gregory believes Mastriano’s lawsuit is intended to cause fear and chill academic speech.
“It was like Mastriano saying, ‘Shut up or shell out,’” Gregory said. “This is not how academic discourse is done.”
In its motion to dismiss the case against Gregory, FIRE argues that criticizing the work of a fellow historian is not defamation and that the First Amendment protects his right to do so.
FIRE said Oklahoma law allows quick dismissals of questionable litigation that targets free speech, known as strategic lawsuits against public participation (SLAPP), and holds the plaintiff responsible for paying the defendant’s legal fees.
“James’ plight is a perfect example of why robust anti-SLAPP protections are vital to expressive freedom,” Greubel said in a statement to the Oklahoma Voice. “Otherwise, the First Amendment is nothing more than a luxury for those who can afford to fight off an expensive lawsuit.”
Mastriano and his attorney did not respond to requests for comment from the Oklahoma Voice.
Emma Murphy, reporter with the Oklahoma Voice, contributed to this report.
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