EDITOR’S NOTE: This story has been updated to reflect that Barry Mehler has worked at Ferris State University since 1988.
BIG RAPIDS, MI – A longtime Ferris State University professor is suing the university after he was suspended over a profanity-laced lecture video, claiming the university infringed on his free speech rights by temporarily removing him from his teaching position.
Attorneys on behalf of professor Barry Mehler filed a lawsuit on Tuesday, Jan. 25, against Ferris State University; President David Eisler; Randy Cagle, dean of the College of Arts, Sciences and Education; and members of the Ferris State Board of Trustees.
The Foundation for Individual Rights in Education, a nonprofit that defends free speech on college campuses, has stepped in to provide Mehler with free legal representation during the university’s investigation.
Mehler’s attorney, Matthew Hoffer, is arguing that the university violated his First and Fourteenth Amendment rights, including his right to academic freedom, by suspending him, according to the lawsuit.
Mehler, who has taught at Ferris State since 1988, was placed on paid administrative leave Jan. 11 pending a university investigation into a potential violation of the university’s “dignity policy” in his lecture video, according to a letter Mehler received Jan. 11 from Cagle.
The professor posted the 14-minute video introductory video to his YouTube account on Jan. 9. In the video, he goes over his plagiarism policies, attendance policies and grading procedures for the spring semester, which began Jan. 10.
The video – which Mehler has since changed the title of to “The Viral Video that started it all” – has racked up over 500,000 views on YouTube. It gained national attention because of the profane language Mehler used during certain points of the video.
“No liberty (expletive) of an administrator is going to tell me how to teach my class, because I’m a (expletive) tenured professor, so if you want to complain to your dean, (expletive) you,” Mehler said in the video, referring to the fact that Ferris State continued to hold in-person classes amid a COVID-19 surge.
“Go ahead. I’m retiring at the end of this year, and I couldn’t give a flying (expletive) any longer. You people are just vectors of disease to me, and I don’t want to be anywhere near you.”
Mehler later told MLive that he regularly uses attention-grabbing methods like strong language or profane references to keep students engaged in class. He said it’s a teaching method that he’s known for on Ferris State’s campus and that his students love.
RELATED: Professor who was suspended over profane lecture video says swearing keeps students engaged
The lawsuit claims Ferris State administrators have been well aware of Mehler’s teaching style for years, and that he has been praised for his unique instruction.
“Dr. Mehler’s proactive teaching style and The Show, including his use of profanity, is well known to FSU and cherished by its students, has been brought to FSU’s attention on multiple occasions and has been celebrated beyond just Dr. Mehler’s classroom,” the lawsuit states.
Mehler’s attorney is demanding that the university immediately reinstate him to his position. According to the lawsuit, Mehler has been banned from campus, prohibited from contacting current or former students and colleagues, and his biography page has been removed from the university’s website.
The lawsuit states that as a result of the suspension, “Dr. Mehler has suffered impairment of his personal and professional reputation, personal humiliation, and mental anguish and suffering.”
Mehler’s attorney requested a temporary restraining order against the university’s suspension of Mehler. He also is seeking compensation and punitive damages, and asked that the university cover any legal fees incurred as a result of the lawsuit.
A Ferris State University spokesperson did not immediately respond to MLive’s request for comment in response to the lawsuit on Wednesday morning.
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