Reference no: EM133431424
Joseph Corlett sued Oakland University because he was disciplined for the sexual content of assignments he wrote for an English course. He claimed the discipline violated his First Amendment right to free speech. Professor Pamela Mitzelfeld asked students to write about creative ideas, brainstorm for essay assignments, and record responses to readings in a "Writer's Daybook." Corlett asked if any topics were off-limits, and Mitzelfeld replied, "no."
Corlett wrote two entries in his Daybook entitled "Hot for Teacher." One read in part:
Then there's Ms. Mitzelfeld. English 380. She walks in, and I say, "Drop, m*****f*****, drop." Kee-Rist, I'll never learn a thing. Tall, blond, stacked, skirt, heels, fingernails, smart, articulate, smile. I'm toast, but I stay. I'll f*** up my whole Tuesday-Thursday class thing if I drop. I'll search for something unattractive about her. No luck yet. S**t.
When Mitzelfeld read the entries, she complained to OU's administrator for Student Affairs, who met with Corlett, advised him that the entries were inappropriate, and told him not to go to English class for the rest of the week. When Corlett attended class the following week, Mitzelfeld called campus police and had him removed from the classroom. OU didn't permit him to finish the course, offering him a fee refund which he declined.
A subsequent school grievance proceeding found that Corlett's "Hot Teacher" entries violated the university's student conduct regulations. Corlett was suspended for three semesters and sued the university for violating his right to free speech.
Did Corlett's essay constitute harassment? Or was it protected speech? How do you think the court ruled?