Brandeis Center is one of the principal architects of the Palestine exception to free speech on campus. Its founder and CEO once declared that losing antisemitism cases is still a win for him because “[t]hese cases – even when rejected – expose administrators to bad publicity.” Here is my response opposing Brandeis Center’s filing of a “friend of court” brief in this case.

Here is my reply, which points out that the University and the Kentucky Attorney General didn’t respond to one of my arguments and didn’t meaningfully argue two others. They primarily contested matters relating to application of the First Amendment—making arguments that, if accepted, would all but eliminate faculty freedom of speech.

Here is the principal brief in my appeal.

I petitioned for the panel to rehear my motion for an injunction pending appeal or for the full court to rehear it en banc. Update: On March 23, 2026, the Sixth Circuit denied the petition.