An Ohio magistrate has recommended that Dr. Nicholas Meriwether’s lawsuit against Shawnee State University (previously discussed) be dismissed. Meriwether had sued when it punished him after he refused to address a biologically male student with a female title — though he did agree to use only a last name.

“Speech by a government employee is protected under the First Amendment only if the speech was made ‘as a citizen’ while addressing ‘a matter of public concern,’” Litkovitz’s recommendation filing reads. “A government employee’s speech is made ‘as a citizen’ and is protected under the First Amendment only when the speech is not ‘pursuant to [the employee’s] duties.’”

That’s an awkward justification, because Meriwether was not punished for making what he claimed was protected speech. Instead, he was being required by the government to have certain content in his speech — content that conveyed a particular ideological view.

The ADF lawyers helping Meriwether said they’ll object on that basis: Read more