Former professor accepts Texas community college’s offer of judgment to resolve federal Free Speech lawsuit

A former professor accepted Collin College’s offer of judgment to financially resolve a federal lawsuit. She had alleged that she was fired because of her negative tweets about former Vice President Mike Pence and her public criticism of the school’s reopening plan for COVID-19. 

Key Players:

Lora Burnett was a history professor at Collin College who defended her private tweets, saying she had a wide range of students with different political views who are comfortable with and respect her teaching. 

H. Neil Matkin, president of Collin College, seemingly ordered the firing of Burnett.  

Rep. Jeff Leach (R-Plano), a Texas state representative whose district includes Collin County, expressed anger that Burnett was being paid with taxpayer dollars.  

Further Details:

Collin College is a publicly funded community college in Collin County, Texas, serving more than 52,000 students northeast of Dallas, according to KSAT.

On Oct. 7, 2020, during the vice presidential campaign debate, Burnett tweeted that the moderator should “talk over Mike Pence until he shuts his little demon mouth up,” and retweeted another tweet that Pence was a “scumbag lying sonofabitch,” The Texas Tribune reported. 

Two days later, Burnett’s tweet was featured in a Fox News article about college professors’ profane criticism of Pence during the debate, drawing the attention of Leach. 

In a text message revealed during proceedings over the lawsuit, Leach asked Matkin if Burnett was paid with taxpayer dollars. Matkin confirmed she was and told Leach he was “aware of the situation … and will deal with it.”

On Oct. 13, 2020, Daphne Babcock, dean of academic affairs and workforce, issued Burnett an “Employee Coaching Form,” which Burnett claimed was meant to silence her from engaging in Free Speech, The Independent reported. 

In January 2021, Burnett sent a series of tweets criticizing Matkin’s response to the COVID-19 pandemic, including a link to an obituary for a former professor who had died of the virus, tweeting that another Collin College professor “has died of COVID.”

Immediately, she received a “Level 1 warning” from the school that said her tweet was misleading because the deceased professor had not been a current employee, Newsweek reported.  

On Feb. 16, 2021, Leach tweeted that Burnett’s termination had been a “BIG WIN,” despite her not being informed that she had been fired. After she responded to Leach on Twitter that she had not been fired, Leach tweeted an image of a ticking clock, according to KSAT. 

On Feb. 25, 2021, Burnett was informed that her contract would not be renewed, because of “insubordination, making private personnel issues public that impair the college’s operations, and personal criticisms of co-workers, supervisors, and/or those who merely disagree with you,” The Independent reported.

Outcome:

Burnett files First Amendment lawsuit against Collin College

On Oct. 26, 2021, Burnett filed a lawsuit in U.S. District Court for the Eastern District of Texas, asserting that her termination violated the First and 14th Amendments, as well as the Civil Rights Acts of 1871, 1983, and 1988. She was seeking both punitive and compensatory damages.

Collin College concedes lawsuit, Burnett accepts offer of judgment

On Jan. 25, 2022, Burnett accepted an offer for Collin College to pay $70,000 and attorneys’ fees, bringing her First Amendment lawsuit to an end. In conceding the lawsuit, the community college did not admit liability.

“I hope I am the last professor that Collin College fires for exercising her First Amendment rights, but if history is any indication, no one who has an opinion is safe from Collin College leaders’ thin skin,” said Burnett. “We should all be protective of the rights granted by the Constitution — and stand up to defend them when they’re violated.”

“FIRE is thrilled Dr. Burnett has been vindicated in her pursuit of justice against the college and Neil Matkin,” said FIRE attorney Greg Greubel. “Lora bravely stood up not just for her own rights, but for the rights of all professors who encounter censorship by their administrations. Dr. Burnett’s victory should serve as a warning to overly zealous administrators across the country: if you punish a professor for speaking out, there will be consequences.”   

Update

Trio of professors sue Texas community college over alleged First Amendment violations