Former Texas State University Professor Tom Alter has filed a lawsuit against the university claiming that his First Amendment rights were violated when he was fired for comments he made during an online socialism conference.
“Yet, when Dr. Thomas Alter, a tenured associate professor of history, participated in civic and political discourse solely in his individual capacity, Texas State University terminated his employment,” the lawsuit states. “It did so without an ounce of due process, and even while recognizing that ‘freedom of speech and principles of academic freedom are central to the mission of institutions of higher education.’” Alter goes on to argue that the reasons for his firing were “false and give every appearance of politically- motivated discrimination.”
A Texas State University spokesperson stated, “As per university policy, Texas State does not comment on active litigation.” When Alter was fired, Texas State President Kelly Damphousse posted on social media that, “Conduct that advocates for inciting violence is directly contrary to the values of Texas State University. I cannot and will not tolerate such behavior.” Later that night, the statement was changed from accusing the professor of “inciting violence” to “inciting criminal behavior.”
Texas State University did not immediately respond to questions about why the statement was changed.
The lawsuit is filed against the Texas State University System, Texas State University, President Kelly Damphousse and Provost Pranesh Aswath.
The lawsuit outlines the statements Alter made that it deems relevant to his fir- ing. They are included here in full as they are presented in the lawsuit.
“As anarchists, these insurrectionists explicitly reject the formation of a revolutionary party capable of leading the working class to power. Without organization, how can anyone expect to overthrow the most bloodthirsty, profit-driven mad, organization in the history of the world, that of the U.S. government? ... [A] revolutionary party needs a revolutionary situation for the working class to win power. We are not in that situation now, though it may be coming soon, as the crisis of capitalism only continues to deepen, and capitalists look to war and fascism to save their profit system. If we don’t build a revolutionary party now this is surely our future. What we do now is incredibly important. We must educate ourselves and others in Marxism and the history of class struggle. We are by no means just a reading club; our tasks are laid out in the Communist Manifesto. We must participate in the struggles of our class whatever they may be, from joining union picket lines to defending trans people. And then, as communists, connect these numerous struggles of our class into a fight against the source of our oppression: capitalism. Through struggle, we can win reforms along the way, giving confidence to our class. This is how we build a mass party. Reforms are not enough though. If the working class is not in power, those reforms can be lost, as we have seen in recent times. We must build a revolutionary socialist party now, so that when a revolutionary situation arises, the working class has the tools and organization it needs to take power. To conclude, have confidence, build workers’ power, be a firebrand for a socialist horizon.”
According to the lawsuit, the comments were recorded and subsequently shared by an online activist who describes themselves as a “fascist” who is “infiltrating” organizations they deem as representing the left-side of the political aisle. The lawsuit states that Provost Aswath notified Alter that he fired from his job based on “a complaint” made against him “for his participation at a recent conference,” which constituted “conduct that jeopardizes the health and safety of [the] university community,” and “reflects inappropriate and poor judgment as a faculty member at Texas State University.”
The lawsuit claims the reasons for his firing were false and “politically-motivated discrimination.”
“In truth, Dr. Alter was terminated because he espoused views that are unpopular in today’s politically- charged climate, in violation of his First Amendment right to free speech.”
It also alleges that his contract with the university was violated.
Alter’s lawyer, Amanda Reichek, who works for Texas American Federation of Teachers, also represents former Texas A&M professor Melissa McCoull. Texas A&M University fired McCoull earlier this month after a video posted on social media showed a confrontation with a student in her children’s literature course, during which McCoull asserted that there were more than two genders.
Reichek has filed a Temporary Relief Order or TRO, requesting that Alter be reinstated to the Texas State payroll while his appeal plays out. “We want to have sort of a stop, look and listen internally before he has to litigate in court.” The TRO was on the Hays County Court docket on Friday morning after being delayed from Thursday. The Daily Record had not found out the ruling as of press time on Friday.
In addition to being reinstated, Alter is asking the court to grant “backpay, front pay, compensatory damages, and punitive damages” as well as attorney’s fees and a declaration that his rights to due process and free speech were violated.
