Ex-Penn State Trustee Can Advance Speech Claim Against School

A former Penn State board of trustees member can continue to allege the school violated his First Amendment rights by firing him in retaliation for exercising free speech, a federal district court said.

Barry J. Fenchak’s First Amendment claims will proceed because the parties didn’t meaningfully address whether trustees are considered public employees or elected officials, which affects whether Fenchak engaged in constitutionally protected speech, said Judge Karen S. Marston of the US District Court for the Eastern District of Pennsylvania. The court dismissed Fenchak’s defamation and breach of fiduciary claims, among others.

Penn State alumni elected Fenchak to serve ...