The University of Central Florida (UCF) has reinstated Professor Hyung-il Jung three weeks after unconstitutionally suspending him on the basis of an in-class joke. FIRE wrote to UCF President John C. Hitt in April, urging this result and reminding UCF of its First Amendment obligations.
On April 23, Jung, a lecturer in UCF's Rosen College of Hospitality Management, was leading an exam review session with roughly 25 students in an accounting course when, according to the Orlando Sentinel, he stated: "This question is very difficult. It looks like you guys are being slowly suffocated by these questions. Am I on a killing spree or what?" A student in the review session reported the joke to the UCF administration, which issued Jung a reprimand letter on April 24, suspending him from "all ... university duties," barring him from the Rosen College campus, and prohibiting "contact of any nature, with any students, for any reason." UCF additionally demanded that Jung undergo a "thorough mental health evaluation" and obtain written certification from a medical professional that he was "not a threat to [himself] or to the university community."
FIRE wrote to UCF on April 26, reminding the university of its duty to protect Jung's First Amendment rights and making clear that his in-class joke in no way constituted an unprotected "true threat." In Virginia v. Black (2003), the Supreme Court defined true threats as "those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals."
Source: FIRE. Read full article. (link)