Supreme Court refuses to hear professor’s challenge to job retaliation over DEI pushback

The Supreme Court refused Monday to hear a challenge brought by a North Carolina State University professor who says his criticism of diversity, equity and inclusion practices in higher education led to him being sidelined at work.

Stephen Porter sued the Board of Trustees of North Carolina State University after his department chair made moves to limit his position and involvement with advising doctoral students.

He claimed the treatment would jeopardize his tenured position and could lead to firing.

The legal battle began after Mr. Porter called an academic conference a “woke joke” in a personal blog post in 2018.

He also questioned racial diversity-related questions on student material and criticized DEI goals to colleagues.

“Resolving the uncertainty around the scope of public university professors’ free speech rights is essential to ensuring that American academic institutions are not ruled by an ideological orthodoxy that ruthlessly eliminates dissent from its ranks,” his brief to the high court argued.

According to court filings, Mr. Porter was moved from one department to another and placed in a position that would limit his ability to advise doctoral students.

The justices refused to take a look at the failed retaliation claim. It would have taken four of them to vote in favor of evaluating the challenge.

North Carolina State University had argued against taking the case, saying the lower court found Mr. Porter’s retaliation claim too speculative.