Appeals court rules LSU does not have to reinstate professor Ken Levy

BATON ROUGE, La. (Louisiana First) — The Louisiana First Circuit Court of Appeal has ruled that LSU does not have to immediately reinstate law professor Ken M. Levy, overturning a lower court’s order that had mandated his return to the classroom.

The decision, issued Thursday, comes after the appeals court previously issued a stay on Feb. 13, temporarily blocking Levy’s reinstatement while the legal battle continued.

The lower court had issued a temporary restraining order on Jan. 30, requiring LSU to reinstate Levy to his job and teaching duties. However, LSU argued that this was actually a mandatory preliminary injunction, which is not allowed under Louisiana law without a full evidentiary hearing.

The appeals court agreed with LSU, overturning the lower court’s ruling and stating that the trial court acted improperly by issuing an order that forced action without hearing all evidence first. As a result, LSU is no longer required to reinstate Levy at this time while the legal case proceeds.

Levy’s attorney responds

Levy’s attorney, Jill Craft, called the ruling a “significant victory” despite the appeals court reversing the reinstatement order.

“The Court maintained its position that it does not have the authority to order LSU to return Professor Levy to the classroom, but significantly, upheld the injunction issued last week prohibiting LSU from taking any tangible employment action against Professor Levy or harassing or retaliating against him,” Craft said.

She emphasized that the court has not overturned the finding that LSU violated Levy’s constitutional rights and that Levy is committed to continuing his legal fight.

“This is a significant victory for Professor Levy because it bans LSU from further acting in violation of his constitutional rights,” she continued. “The finding by the Court that LSU violated Professor Levy’s constitutional rights remains, and he looks forward to further vindicating his rights in the future.”

Craft added that Levy’s case serves as a real-world lesson for law students, whether or not he is physically in the classroom.

“He is a teacher and, in real time, is educating his students on the importance of standing up for the Constitution and that the Courts will not tolerate abuses of Constitutional rights. One day, these same law students will take an oath to uphold and defend the Constitution of the State of Louisiana and of the United States,” she said.

What’s next?

While Levy’s reinstatement is no longer required by court order, the broader lawsuit remains unresolved. He is still pursuing claims against LSU for violating his First Amendment and due process rights.

Case timeline

• Jan. 16: LSU suspended Ken Levy, a tenured law professor, after a student complained about comments he made regarding Gov. Jeff Landry and President Donald Trump during a class discussion. Levy later sued, arguing that his free speech and due process rights were violated.
• Feb. 11: A district judge granted Levy’s request for a temporary restraining order, requiring LSU to reinstate him to his teaching duties.
• Feb. 13: LSU appealed the decision, and the First Circuit Court of Appeal issued a stay, blocking Levy’s reinstatement while the case proceeded.
• Feb. 20: The appeals court ruled in favor of LSU, overturning the lower court’s order and stating that Levy’s reinstatement cannot be mandated without a full hearing. However, the court kept in place an injunction barring LSU from retaliating against Levy or taking further employment action against him.

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