SAN MARCOS, Texas – A Hays County judge ordered Texas State University to reinstate history professor Thomas Alter while his lawsuit plays out in court, the university said in a statement to KSAT 12.
“Texas State University respects the court’s decision and will reinstate Dr. Alter with pay, pending the outcome of a due process hearing which had been previously scheduled,” a university spokesperson said.
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Alter will not be permitted to teach courses until “due process has run its course,” the university said.
The professor was fired from the university on Sept. 10 after he made political comments at a conference organized by Socialist Horizon.
He later filed a lawsuit, alleging his termination violated both his constitutional rights and his right to due process.
Alter was accused of inciting violence by calling for the formation of a “revolutionary party.”
“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 at the conference, according to the lawsuit.
Pranesh Aswath, the provost and executive vice president for Academic Affairs at Texas State University, notified Alter that he was fired from his position “effective immediately” following a complaint about his participation at the conference, the suit states.
Aswath and Texas State University President Kelly Damphousse are listed as defendants in the suit.
The lawsuit said Alter is seeking compensation from Damphousse and Aswath for the apparent violations of the U.S. and Texas constitutions, as well as his university contract.
Alter is also ordering Damphousse and Aswath to reinstate him to his position at the university immediately.
An unnamed influencer recorded Alter’s comments at the conference and posted a video of them on YouTube, the lawsuit said.
The influencer also contacted several newspaper publications, as well as politicians, allegedly saying, “Hey guys, I’ve got a Texas State University faculty member calling for the Communist overthrow of the United States government, does anyone want to do anything about this, do you guys wanna, like, make a statement, you guys wanna write an article, do you guys wanna like, I don’t know, maybe try to get this guy fired from his job?” the lawsuit states.
The lawsuit said Alter was fired because he expressed views that were unpopular in the political climate, which violated the First Amendment. His termination also allegedly violated his contract with the Texas State University System, documents state.
Texas State University allegedly failed to comply with a chapter of the Texas Education Code that says the dismissal of a tenured faculty member may only occur with “appropriate due process,” documents said.
The lawsuit also argues that Damphousse and Aswath violated Alter’s employment agreement since his termination was not supported by good cause, according to court documents.
Alter is seeking a temporary restraining order and a temporary injunction reinstating him to his position with the university.
The entire statement from Alter at the conference can be read below:
As anarchists, these insurrectionists explicitly reject the formation of 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 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 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 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 fight against the source of our oppression: capitalism. Through struggle, we can win reforms along the way, giving confidence to our class. This is how we build 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 revolutionary socialist party now, so that when revolutionary situation arises, the working class has the tools and organization it needs to take power. To conclude, have confidence, build workers’ power, be firebrand for socialist horizon.
Thomas Alter
A Texas State spokesperson previously told KSAT in an email that the university “does not comment on active litigation.”
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