Joe Cacace Comments on 1st Circuit Ruling Upholding Free Speech
In a recent Massachusetts Lawyers Weekly article, Todd & Weld partner Joe Cacace discussed a significant 1st Circuit Court of Appeals decision that navigates the balance between student free speech rights and qualified immunity protections for university officials.
The court ruled that the University of Massachusetts likely violated a student’s First Amendment rights when it disciplined him for conduct that did not cause substantial disruption—reviving part of his claim related to student discipline. However, it also held that qualified immunity shields the individual school officials from monetary damages.
Cacace, who regularly handles First Amendment matters as part of his civil litigation practice, said he found it notable that the panel addressed the plaintiff’s First Amendment claims despite being able to resolve the appeal solely on qualified immunity grounds.
“The 1st Circuit could have affirmed the opinion just by addressing qualified immunity and saying, ‘The law is not clearly established, so we’re affirming because [the defendants have] qualified immunity and there’s no need to address other issues,’” Cacace said.
“It’s a good thing that the 1st Circuit took the approach of addressing the underlying constitutional issue because it helps to clarify the law under the First Amendment.”
He added that public universities in the 1st Circuit will need to “take heed” of the decision when addressing similar misconduct complaints in the future.
Cacace noted that the ruling highlights the ongoing challenge courts face in balancing constitutional rights with institutional accountability.