A tenured history professor from Texas State University has filed a federal lawsuit against the institution after being fired for comments made during an online socialist conference. Dr. Thomas Alter claims his termination violates his First Amendment rights and that the university failed to follow proper due process for a tenured faculty member.
The university administration maintains that Alter's remarks constituted serious misconduct and incited violence, making his continued employment incompatible with the university's values. The case highlights the ongoing debate surrounding academic freedom, free speech, and the responsibilities of public employees.
Key Takeaways
- Dr. Thomas Alter, a tenured history professor, was fired by Texas State University after a video of his speech at a socialist conference was shared online.
- The university cited "serious professional and personal misconduct" and advocacy for violence as reasons for the immediate termination.
- Alter's lawsuit alleges violations of his First Amendment right to free speech and a failure by the university to provide due process as required by Texas law for tenured faculty.
- The professor argues his comments were taken out of context and that he was advocating for political organization, not violence.
- The incident has sparked student protests on campus in support of Alter and academic freedom.
The Conference Speech and Subsequent Firing
The controversy began after Dr. Thomas Alter spoke at the Revolutionary Socialism Conference, an online event hosted by the group Socialist Horizon on September 7. A video of his speech was recorded and circulated on social media by streamer Karlyn Borysenko, who describes herself as an "anti-communist cult leader."
Following the video's circulation, Texas State University President Kelly Damphousse announced Alter's immediate termination. The university stated the decision was based on what it characterized as a call for violence.
"Conduct that advocates for inciting violence is directly contrary to the values of Texas State University. I cannot and will not tolerate such behavior. As a result, I have determined that their actions are incompatible with their responsibilities as faculty members at Texas State University."
- Kelly Damphousse, Texas State University President
Texas State System Chancellor Brian McCall supported the decision, stating that the university would not tolerate conduct intended to incite violence or advocate for the overthrow of the government.
Analyzing the Disputed Remarks
During his speech, Alter discussed revolutionary strategy and criticized various political groups. The university's decision appears to center on a specific portion of his address where he discussed organized resistance.
Alter's full comment included the question: "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?"
However, Alter argues this was taken out of context. The full transcript shows he also stated, "[A] revolutionary party needs a revolutionary situation for the working class to win power. We are not in that situation now..." He went on to advocate for building a political party through education, joining union picket lines, and defending marginalized groups to win reforms.
Alter's Stated Goal
According to Alter, his speech was not a call to immediate violence. "I'm for building an independent, working-class political party that advocates for the needs of working-class people, whether it's health care, education, having a living wage, union rights, protecting immigrants and others that are under assault right now," he said. "That's what I was calling for organizing."
Lawsuit Alleges Constitutional and Procedural Violations
Dr. Alter's lawsuit, filed in federal court, presents two primary arguments against Texas State University. The first is a violation of his First Amendment rights, and the second is a failure to adhere to legally mandated due process for tenured faculty.
The Free Speech Argument
The lawsuit contends that Alter was speaking as a private citizen on his own time and did not represent his views as those of the university. At the conference, he identified himself as a member of Socialist Horizon, not as a Texas State professor.
His attorney, Amanda Reichek, stated in the filing that the termination gives "every appearance of politically motivated discrimination." The lawsuit argues that a public employee does not surrender their constitutional right to free speech on matters of public concern.
University Policy on Political Activity
Texas State University's own regulations permit faculty to participate in political activities, stating they "should be free from component censorship or discipline." However, the policy also notes that faculty should "exercise appropriate restraint" because the public may judge the university by their statements.
Claims of Due Process Failure
As a tenured professor, Alter was entitled to specific protections under the Texas Education Code before termination. His lawsuit alleges the university ignored these requirements entirely. The required steps include:
- Written notice detailing the specific allegations.
- An explanation of the evidence against the faculty member.
- An opportunity for a pre-dismissal hearing to respond to the charges.
- A formal determination from the university following the hearing.
- Information regarding post-termination appeal rights.
According to the lawsuit, Alter received none of these. He was notified of his firing via an email from the provost that cited a complaint against him for "conduct that jeopardizes the health and safety of the university community." The suit claims this falls far short of the legal standard for due process.
The Human and Campus Impact
The abrupt termination has had a significant personal and financial impact on Dr. Alter and his family. He learned of his firing from a group text message while attending his son's soccer practice.
"It was quite a shock... We've been cut off from our source of income, health insurance. Like many Americans, we live paycheck to paycheck. Having that immediately cut off has been has been very disorienting."
- Dr. Thomas Alter
Alter, an alumnus of Texas State, described teaching at the university as his dream job. He said the lawsuit was a last resort to defend not only his own rights but also the principles of academic freedom for all.
The firing has also caused a reaction on the San Marcos campus. Students have organized near-daily protests, holding signs and chanting in support of Dr. Alter. Supporters view the university's action as an attack on tenure, free speech, and due process.
"People see this as not just the case about me, but this is really standing up for free speech, democratic rights, due process, and also protection of tenure," Alter commented on the student support.
The lawsuit seeks reinstatement to his position, back pay, and compensatory and punitive damages. Texas State University has stated it does not comment on active litigation. The case will now proceed through the federal court system, where a judge will weigh the university's public safety concerns against a tenured professor's constitutional rights.
