Thomas Alter was fired after he was accused of inciting violence after video of comments he made during a socialist conference made the rounds online.
AUSTIN, Texas — A Texas State University professor who was fired after a video surfaced online showing him allegedly inciting violence has filed a lawsuit against the university.
In the suit, Thomas Alter argues that the university violated his right to free speech and did not follow proper procedure in terminating him.
Alter, who was an Associate History professor, was fired last week after a video emerged on social media showing him speaking at the Revolutionary Socialism Conference, an online conference put on by Socialist Horizon, on Sept. 7.
Streamer Karlyn Borysenko, who describes herself as an “anti-communist cult leader,” recorded the conference and uploaded a video of the speech online.
During his speech, Alter discussed the various tactics that different socialist groups used and the importance of organized resistance. He criticized the Democratic Party, the Democratic Socialists of America, China and anarchists for their methods of organization.
He also criticized “insurrectional anarchists” for how they protest, and said there are better ways to meet people.
“As anarchists, these insurrectionists explicitly reject the formation of a revolutionary party capable of leading the working class to power,” Alter said in his speech. “Without organization, how can anyone expect to overthrow the most bloodthirsty, profit-driven mad organization in the history of the world, that of the U.S. government?”
Alter said he believes the comments have been taken out of context, and he did not incite violence.
“I’m for building an independent, working-class political party that advocates for the needs of working-class people, whether it’s health care, education, having a living wage, union rights, protecting immigrants and others that are under assault right now,” Alter said. “That’s what I was calling for organizing.”
Below is the full context of Alter’s remarks:
“As anarchists, these insurrectionists explicitly reject the formation of a revolutionary party capable of leading the working class to power. Without organization, how can anyone expect to overthrow the most bloodthirsty, profit-driven mad, organization in the history of the world, that of the U.S. government? … [A] revolutionary party needs a revolutionary situation for the working class to win power. We are not in that situation now, though it may be coming soon, as the crisis of capitalism only continues to deepen, and capitalists look to war and fascism to save their profit system. If we don’t build a revolutionary party now this is surely our future. What we do now is incredibly important. We must educate ourselves and others in Marxism and the history of class struggle. We are by no means just a reading club; our tasks are laid out in the Communist Manifesto. We must participate in the struggles of our class whatever they may be, from joining union picket lines to defending trans people. And then, as communists, connect these numerous struggles of our class into a fight against the source of our oppression: capitalism. Through struggle, wo can win reforms along the way, giving confidence to our class. This is how we build a mass party. Reforms are not enough though. If the working class is not in power, those reforms can be lost, as we have seen in recent times. We must build a revolutionary socialist party now, so that when a revolutionary situation arises, the working class has the tools and organization it needs to take power. To conclude, have confidence, build workers power, be a firebrand for a socialist horizon.”
Alter, who had taught at the university since 2017 and is an expert on working-class history and social movements, had tenure. In the lawsuit, Alter argues he was fired “with absolutely no due process,” in an act of “politically motivated discrimination” violating his First Amendment rights.
Shortly after the video began making the rounds online, Texas State President Kelly Damphousse released a statement, saying it revealed “serious professional and personal misconduct.”
“Conduct that advocates for inciting violence is directly contrary to the values of Texas State University,” Damphousse said. “I cannot and will not tolerate such behavior. As a result, I have determined that their actions are incompatible with their responsibilities as faculty members at Texas State University. Effective immediately, their employment has been terminated.”
Damphousse did not specify what comment Alter made that violated university policy. A Texas State spokesperson told KVUE on Thursday that the university does not comment on active litigation.
In a statement, Texas State System Chancellor Brian McCall said he supported the decision to terminate the professor because the university will not tolerate conduct by any employee intended to incite violence.
“Video recordings made public this week in which a Texas State University professor advocated for the overthrow of our government are inconsistent with our shared values and demonstrate egregious personal and professional misconduct,” McCall said.
Alter said Texas State University Provost and Executive Vice President for Academic Affairs Pranesh Aswath notified him last Wednesday he would be fired based on a complaint made against him “for his participation at a recent conference,” which constituted “conduct that jeopardizes the health and safety of the university community” and “reflects inappropriate and poor judgement as a faculty member at Texas State University.”
Alter was at his son’s soccer practice and found out he was fired from a group text.
“It was quite a shock,” Alter said. “I was at my son’s soccer practice, just enjoying watching my son play soccer and his teammates. And then all of a sudden, I find out I’m terminated from my job.”
Alter said his world has been turned upside down.
“I have a teenage daughter, so she is on social media quite a bit and seeing things like the attacks on her father, and so this has been very traumatic for my family,” Alter said. “We’ve been cut off from our source of income, health insurance. Like many Americans, we live paycheck to paycheck. Having that immediately cut off has been has been very disorienting.”
In the lawsuit, Alter’s attorney Amanda Reichek argues that the reasons that were given for Alter’s termination are false and “give every appearance of politically motivated discrimination.”
“In truth, Dr. Alter was terminated because he espoused views that are unpopular in today’s politically charged climate, in violation of his First Amendment right to free speech,” the lawsuit said.
As someone who earned a degree from Texas State University and was honored and happy to return to teach at his alma mater, Alter said filing the lawsuit wasn’t easy, but he felt he didn’t have a choice.
“With the severe action taken by the university administration, it’s left me no other option but to seek legal representation and to bring this lawsuit not just to defend myself, but to defend academic freedom and democratic rights for everybody,” he said.
Alter argues that Texas State did not follow its own rules and regulations, or the Texas Education Code when it came to his termination, which denied him due process.
The lawsuit says the Texas Education Code requires “appropriate due process” to terminate the employment of a tenured faculty member. That includes written notice of the allegations and an explanation of the evidence, an opportunity for the faculty member to respond in a hearing, and a determination by the university of whether to proceed with dismissal after that hearing, and provision of the effective date of dismissal and information about post-dismissal appeal.
“Texas State University and the Texas State University System failed to comply with the law and its own policy on all counts,” the lawsuit said. “Provost Ashwath’s email fell far short of what due process requires.”
Alter said he has not received a meaningful explanation of charges or evidence from the university. There was no pre-dismissal hearing, a written determination that Alter’s termination will proceed based on the hearing or opportunity for post-termination appeal. Alter’s lawsuit argues that it is a violation of state and federal law and Texas State policies and procedures.
Alter said while speaking at the conference, he never represented that his opinions were those of Texas State University, and he spoke in his individual capacity, on his own time. He introduced himself as a member of Socialist Horizon at the start of his speech, and his connection with Texas State University was revealed only by another participant.
“I spoke in my own free time and from my own office, and in no way affiliated whatsoever with Texas State University,” Alter said. “I very consciously identified myself only as a member of Socialist Horizon and the Texas State Employees Union, a member of the Texas State Employees Union but not representing the union in any capacity.”
Alter’s lawsuit argues he had a right to free speech, and just because he is a public employee, he did not surrender his First Amendment rights. He said he feels the termination is retaliation for comments he made as a private citizen.
Texas State University rules and regulations state that “when the faculty member speaks or writes as a citizen, the faculty member should be free from component censorship or discipline.”
However, the rules and regulations go on to state that a faculty member’s special position in the community imposes additional obligations.
“As a person of learning and a faculty member of a state-funded educational component, the faculty member should remember that the public may judge his or her profession and component by his or her utterance,” the rules and regulations say. “Hence, the faculty member should at all times be accurate, exercise appropriate restraint, and show respect for the opinions of others.”
Texas State policies permit faculty members to participate in political activities, provided that such activities do not interfere with their university work.
Alter’s lawsuit also argues his termination violated his contract because he is a tenured professor and the termination “is not supported by good cause.”
Alter is asking a judge to order him to be reinstated as a faculty member at Texas State, which he said was a dream job.
He is also seeking back pay, front pay, compensatory and punitive damages for the breach of his contract, attorney’s fees and costs, and a court declaration that Texas State violated due process and free speech provisions in the U.S. Constitution and Texas law. Alter is also asking the court to halt efforts to retaliate against him.
“Whatever comes out of the lawsuit that’s up to the courts to decide,” Alter said. “I like teaching, and I want to get back to students and doing what I love.”
Texas State students have been protesting nearly daily on campus. Alter said the outpouring of support has been heartening.
“People see this as not just the case about me, but this is really standing up for free speech, democratic rights, due process, and also protection of tenure,” Alter said. “But this is a much broader fight than that. I think that’s why this has resonated with so many people. They see this as their fight as well.”