Adjunct Ken Hardy Dies
On June 14, 2002 Kenneth Hardy died at the age of 45 from lung cancer. In April of 2002, the United States Supreme Court let stand a ruling that the former Jefferson Community College instructor who had lost his job for using a racial slur during a class about hurtful speech could continue his lawsuit against college leaders.
In April, the U.S. Supreme Court without comment declined to reconsider a federal appeals court ruling that allowed Kenneth Hardy’s lawsuit to proceed. At the time, Hardy called the decision a victory for free speech in the classroom.
Hardy wasn’t rehired at the college after the summer of 1998, when a black female student complained that one of Hardy’s communication classes on how language can marginalize people included a discussion of the slurs “n….r” and “b…h.”
Hardy, who went on to teach as an adjunct professor at the University of Louisville, sought unspecified damages and hoped to regain his position at JCC.
A federal appeals court allowed Hardy to sue. It decided that Richard Green, then JCC’s president, and Mary Pamela Besser, then acting dean, became interested in Hardy’s lecture only after the student complained to a civil rights activist, the Rev. Louis Coleman, who asked that “corrective action be taken.”
In their appeal to the Supreme Court, JCC leaders wanted the justices to clarify whether the First Amendment applies to all on-the-job speech–an area about which the courts have reached different conclusions. Attorneys for JCC officials contended that the college’s decision not to rehire Hardy had nothing to do with the incident–and vowed to prove it in court.
They also argued that Hardy’s freespeech claim was invalid because the college ultimately controls what is taught and said in the classroom.
“He didn’t have a First Amendment claim,” attorney Quint McTyeire said.
Glenn Cohen, Hardy’s lawyer, disagreed, saying college teachers need protection to safeguard academics from censorship and political pressure.
Interim JCC President Larry Tyree wouldn’t comment on the case.
Hardy also filed a separate discrimination suit in Jefferson Circuit Court, claiming violations under the Kentucky Civil Rights Act.
Hardy had taught at the community college for about four years before the July 16, 1998, session of his interpersonal communications course.
The topic focused on how language is used to discriminate and marginalize groups of people, Hardy said. As part of the discussion, he sought examples of derogatory terms for discussion, prompting a complaint by student Julia Pierre.
Hardy said administrators grilled him about the class, and he got a letter saying the matter had been resolved. He was later told there were no courses for him to teach, and he filed his federal suit in 1999.
McTyeire said Hardy was not rehired based on low enrollment and other factors, not the class incident.
Randall Davis, who teaches anthropology at the college and is an elected JCC faculty leader, said instructors had been watching the case closely.
“I think Ken battle was a major victory for faculty,” he said. “It preserved the freedom to talk about controversial topics as part of the learning process.”
