West Point, New York – The U.S. Military Academy is facing a federal lawsuit from one of its longest-serving law professors, Tim Bakken, who claims the institution’s new policy infringes on his First Amendment rights. The lawsuit, filed in the Southern District of New York, alleges that a recently implemented rule requires faculty members to seek prior approval before speaking publicly or publishing academic papers in their official roles.
Bakken, who is representing over 100 civilian faculty members in a class-action suit, argues that the February 13, 2025, rule is designed to suppress speech that may contradict the perspectives of the academy and its leadership. He contends that the so-called Academic Engagement Policy violates his constitutional rights by imposing a chilling effect on open discourse and academic expression.
According to Bakken, the policy constitutes a form of prior restraint, enabling discriminatory enforcement of speech rights based on compliance with government directives, including presidential executive orders. He claims it grants excessive discretionary power to officials without clear guidelines for what constitutes acceptable academic engagement, as well as no effective appeals process for faculty members whose requests for approval are denied.
Bakken alleges the crackdown on faculty speech at West Point began after a January executive order from former President Donald Trump aimed at reviewing the curriculum and leadership of U.S. service academies. Since that time, he asserts, West Point has enacted measures that restrict academic expression, including banning certain books from the library and scrutinizing course syllabi more closely.
In illustrating the policy’s implications, Bakken pointed out instances where he was asked to disclose the titles of papers before receiving permission to present them. He highlighted that he is under contract to publish a book critical of specific elements of West Point’s practices, raising concerns that approval to reference his affiliation with the academy may be denied due to the book’s critical nature.
Through this legal action, Bakken aims to defend the principles of free speech and academic freedom, which he believes are fundamental to fostering a healthy exchange of ideas and supporting an informed citizenry. His lawsuit comes amidst a broader conversation concerning First Amendment rights within the Department of Defense, particularly after the implementation of a new policy restricting journalists’ ability to gather information without prior authorization.
As of now, officials at the U.S. Military Academy have not issued any public comments regarding the lawsuit.
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