A university student who challenged his school's "speech code" and won a ruling in federal court that it was vague, overbroad and stifled student speech, including his Christian views, is continuing his battle with Temple University because the school has – three years after he completed it – declined to provide a grade on his master's thesis, thus effectively denying him his degree.

The Alliance Defense Fund recently announced that the 3rd U.S. Circuit Court of Appeals had affirmed the district court victory by Christian DeJohn, who is a sergeant in the Pennsylvania Army National Guard.

The ADF handled DeJohn's successful request in the courts for a permanent injunction against Temple University's speech code, and after a district judge sided with DeJohn, the appeals court confirmed "speech cannot be prohibited in the absence of a tenable threat of disruption… Furthermore, the policy's use of 'hostile,' 'offensive,' and 'gender-motivated' is, on its face, sufficiently broad and subjective that they 'could conceivably be applied to cover any speech' of a 'gender-motivated' nature 'the content of which offends someone.'"

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Continued the appeals court ruling, "This could include 'core' political and religious speech, such as gender politics and sexual morality… The policy provides no shelter for core protected speech."

DeJohn's career, however, is not advancing as he planned. He told W ND the judge's order did not include instructions for Temple to grade his thesis, so more than three years after he completed it under school supervision, it still sits.

DeJohn now is serving at Fort Meade in Maryland, and told WND how the problems developed. He said he was enrolled at Temple in Philadelphia, but left about seven months after the Sept. 11, 2001, terrorist attacks because he was deployed to Bosnia.

While he was in Bosnia, he started getting anti-war e-mails, called "teach-ins" from Richard Immerman, chairman of Temple's history department. DeJohn responded with a request that the e-mails be stopped.

Then when he returned from active duty and tried to re-enroll in Temple as a graduate student, he was told he had been expelled because he had not asked permission to leave the university.

DeJohn produced copies of his written request, with copies of his orders to deploy, and officials then attributed the situation to "computer error." He eventually was allowed back into school and worked on his master's degree in American and Military History.

However, two professors whose classes he took, Gregory Urwin's "Comparative History of Modern Warfare" and Immerman's "American Diplomatic History," included diatribes against President Bush, the military and the war, he said.

During the course of those lectures, DeJohn expressed his opinion.

He also finished his thesis, "The Sherman Tank in World War II: For Want of a Gun," in 2005 following payments for "thesis guidance" to the school, but he claims because of the dispute, the school simply declined to address his project.

However, Ray Betzner, a Temple spokesman, told WND the court simply did not rule in DeJohn's favor on the issues regarding the thesis.

"In short, his academic performance just wasn't good enough," Temple attorney Joe H. Tucker, Jr. said. "It had nothing to do with his First Amendment rights and everything to do with Temple professor's academic freedom to grade a student's poorly written, poorly constructed … thesis."

However, the primary reader of his thesis, Dr. Jay Lockenour, was ready to sign off on it but when DeJohn needed a secondary reader, Urwin refused to approve it, DeJohn said. He said Lockenour apparently believed it would be resolved, and advised him to register to graduate in May 2005, but it didn't happen.

Despite those circumstances, DeJohn said Temple reported to his student loan companies that he had obtained a diploma, causing his loans in the amount of $50,000 to default, damaging his credit.

DeJohn said he believed Temple had initiated a campaign against him, punishing him for openly discussing his opinions while he was a student. He even wrote to Temple's president, David Adamany, seeking his help regarding the obstacles he was facing.

Subsequently, when asked under oath if he was aware of DeJohn's dilemma, Adamany denied being aware of allegations about violations of academic freedoms. DeJohn, also under oath, produced copies of their communication. Shortly thereafter, in a front page story in the Philadelphia Inquirer on Jan. 20, 2006, Adamany announced his resignation. Betzner insists that he "retired."

DeJohn eventually sought help from Accuracy in Academia and a Pennsylvania state representative, and later followed the discrimination complaint filed by the Alliance Defense Fund.

But even today, DeJohn's academic status remains in limbo because his status of his thesis hasn't been resolved.

And the campaign apparently even has gone beyond that. DeJohn reported when he applied for a job as historian at The Army Military History Institute at The Carlisle Barracks in Pennsylvania, Urwin apparently e-mailed one of his former students who worked there, saying that he understood that DeJohn had applied for the job. He stated that all veterans are mentally imbalanced because they have been trained to kill by the Army.

DeJohn said he never even was interviewed for the post, but under a Freedom of Information Act request, he obtained documents showing that he was rated No. 1 out of 62 candidates for that position.

 

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