Photo: Alliance Defending Freedom (ADF)
A psychology professor who was fired for opposing transgender surgeries for minors won his lawsuit arguing that his previous employer had violated his First Amendment right.
Dr. Allan Josephson, a former professor of child psychiatry at the University of Louisville, won a major victory in his First Amendment case, highlighting the clash between academic freedom and institutional retaliation.
The U.S. Court of Appeals for the Sixth Circuit ruled in favor of Josephson, allowing his lawsuit to move forward to trial. Josephson, who led the university’s child psychiatry division for decades, was demoted and ultimately fired after participating in a 2017 Heritage Foundation panel.
At the event, he voiced concerns about the medical treatment of children experiencing gender dysphoria, suggesting that psychological interventions should be prioritized over medical ones like hormone treatments or surgery. He emphasized that many cases of gender confusion resolve naturally over time.
Following his comments, the University of Louisville subjected Josephson to a series of punitive actions. He was demoted to a junior faculty position, stripped of his teaching responsibilities, and faced increased hostility from his colleagues.
By early 2019, the university announced it would not renew his contract, effectively ending his 40-year career.
Josephson subsequently sued the university, arguing that his dismissal was an unconstitutional retaliation against his protected speech. Both a federal district court and now the Sixth Circuit Court agreed that Josephson had presented enough evidence to bring his claims to trial.
This case has significant implications for free speech in higher education, particularly around controversial subjects like gender ideology. Legal experts point out that the ruling reinforces the idea that public universities, as marketplaces of ideas, cannot punish faculty members for expressing dissenting views, even on divisive topics. Josephson’s case will now proceed to trial, where a jury will determine whether the university’s actions violated his First Amendment rights.
