Morris J. Starsky v. Jack R. Williams

The Arizona Board of Regents and its members appeal from a judgment ordering the regents to reinstate Morris J. Starsky as an assistant professor of philosophy at Arizona State University. Starsky brought this action for an injunction and damages under the Civil Rights Act, 42 U.S.C. §§ 1981-1985 , alleging that the Board’s decision not to renew his yearly contract violated his first amendment rights. The trial court held that the regents improperly, predicated the decision not to renew on constitutionally protected speech. Starsky v. Williams, D.Ariz., 1972, 353 F.Supp. 900 . We affirm in part, reverse in part, and remand on a limited issue.

In January 1970, Professor Starsky cancelled a regularly scheduled class at Arizona State to attend a rally at the University of Arizona, where he was one of several speakers protesting the arrest of certain University of Arizona students. Shortly thereafter, the regents instituted disciplinary proceedings against Starsky for his participation in this and seven other incidents involving allegedly unprofessional conduct. These incidents are described in the opinion of the district court and need not be rehearsed here. Although…