Court: ‘Racially Charged’ E-Mail is Protected

Employees offended by Kehowski’s e-mails “should engage him in debate or hit the ‘delete’ button.”

College officials in Arizona were under no obligation to punish a professor who sent e-mails to fellow employees in 2003 denouncing a Latino celebration as racist, complaining about “multicultural stupor” and proclaiming the “superiority of Western civilization,” a federal appeals court in San Francisco ruled Thursday.

The messages from Walter Kehowski, a math professor at Glendale Community College near Phoenix, were constitutionally protected free speech and did not constitute harassment of Latino employees who received them, said the Ninth U.S. Circuit Court of Appeals.
[snip]

Kehowski has taught in the Maricopa district since 1998. In October 2003, he sent what the court described as three “racially charged” e-mails to all district employees.

One described Dia de la Raza, a celebration observed by some Latinos instead of Columbus Day, as “explicitly racist.” Another saluted Columbus Day as a time to “celebrate the superiority of Western civilization.”

The third message replied to accusations of racism, saying, “Boogie-boogie-boo to you,” and said the nation must pull itself “out of the multicultural stupor.” It also contained a link to Kehowski’s own Web site that said the only immigration reform needed was “preservation of White majority.”

More…

2010-05-21