Dear Colleagues:  A friend used to say, "No man is entirely worthless, he can always be used as a bad example."  In March, I was sued in federal court, along with my university, for using the word "Nigger" in class.  First, I did NOT use that word.  Rather, I used the term "N-word" and it was part of the discussion in my Legal Environment of Business class, the topic was Chapter 2, Ethics, and it was the familiar discussion of why we don't use "dirty words."

By way of background, I've been teaching the class since 1973. I'm a 68 year- old white male.  My university (Tennessee State University) is a black university.  Of the 31 students in the class, only three were white.  One of these is a 50 year-old white woman.  She is the only plaintiff in the lawsuit, which you can find on Pacer.

Here is my need which involves both my case and concerns you, my colleagues, who are likely to face similar complaints/lawsuits in the future.  I need help in parsing the Pacer database looking for filings where a university was sued for violation of Title VI, that is, 42 U.S.C. section 2000d.  There have been literally thousands of Title VI claims -- and that's the problem.  I need only (1) Title VI claims (2) where the allegation was of racial discrimination/hostile environment/retaliation, which (3) arose out of classroom lecture/discussion/commentary and (4) the defendant was a college or university.  The problem is this:  I CAN'T FIND MORE THAN A COUPLE OF "PUBLISHED" CASES.  They were dismissed on summary judgment.  However, I know of at least two cases here in Tennessee that were similarly dismissed -- but there is nothing approaching a memorandum opinion, just an order.  One involved a professor's use of a controversial book, "The Bell Curve" in a sociology class.

Simply stated, I need help in parsing Pacer for relevant cases. Aside from use in my own case, I'd like to publish a list of "dirty words" that can and can't be used in a college classroom. I see such a list as helpful to you, the members of the ALSB.  It reminds me of a controversy some years ago when the comedian George Carlin had a famous gig in which he mentioned the "7 Dirty Words" that couldn't be used on television.  So what, if any, are the "dirty words" that simply can't be used in a college classroom.  Is the word "Nigger" -- even if I had used it -- so toxic that it simply cannot be used in a classroom?  What are some other words, racist or sexist?

Much is at stake here.  This is a First Amendment issue, big time.  Second, by compiling such a list, we can collectively defend ourselves the next time a student makes a charge of racism.

I want to make the Pacer search focus entirely on the academic freedom issue.  Yes, while the lawsuit also invokes Title IX (sex discrimination/hostile environment/retaliation) that is not the focus of my need, much less my need for help from the ALSB membership.  I want to make it clear, however.  I never had any out-of-class dealings/meetings/discussions/interactions with the student.  None!  So this is NOT a case where a professor acted wrongly toward a female student in a Donald Trump sort of way.

Yes, I would like to see a joint authored law review article coming out of this.  I don't care who the lead author(s) are.  I have written plenty of law review articles.  Aside from the help it will provide in my case, I see this as a public service project, namely protecting other business law faculty who will face similar false charges.

I hope to hear from you soon.  

Best regards,  
Lewis Laska
Professor of Business Law,  College of Business, Tennessee State University.  P. O. Box 252  Madison, TN  37116.  Please do NOT try to communicate with me at the university.  Please call me (615) 491-2928 or use my personal email:  [log in to unmask]