Professor’s Claim That She Was Fired for Objecting to Superiors About Mask Mandate Can Go Forward

Eugene Volokh:

From Griffin v. University of Maine System, decided Aug. 16 by Chief Judge Jon Levy (D. Me.):

Plaintiff Patricia Griffin’s employment as a [tenured] Professor of Marketing at the University of Southern Maine was terminated by the University of Maine System … in September 2021…. Griffin asserts that her termination was unlawful retaliation for her having spoken out against the University’s facemask and vaccination policies adopted in response to the COVID-19 pandemic….

On August 18, 2021, in preparation for the University’s fall semester, the Chancellor of the University of Maine System announced a mandatory mask policy (the “Policy”). On August 24, Griffin participated in a luncheon meeting via Zoom at which Cummings was a speaker. She alleges that during the event, [University President Glenn Cummings] did not wear a mask. On the same day, Griffin sent an email to the Dean of the College of Management and Human Service pertaining to the University’s recently implemented mask and vaccine policies. The email reads in pertinent part:

I first want to say how much I love teaching at [the University of Southern Maine] as well as working with such a great faculty. It really has been the highlight of my career and I owe a lot to you for sticking with me. The reason for this email is because I have been following the science, data, and evidence regarding SARS-CoV-2 and searching for anything that will support wearing a mask while indoors as well as vaccinating an entire school population as the optimal method for stopping the transmission of the virus. The reality is that my research has found no evidence to support these measures. I wanted to share the information I gathered and relied upon when making my decision regarding these mandates before the start of classes next Monday to see that my decisions are science, evidence, and data based. However, I do not want to cause any issues, especially for you, if I come to campus on Monday morning to teach my one face to face class so I wanted to give you enough time.

Griffin attached a separate letter to her email, also addressed to the Dean, summarizing the results of her research on the effectiveness of mask mandates and vaccines. She concluded the letter as follows: