
Sometimes, a headline just says it all…
ED NOTE: I apologize in advance for any double entendres. It is almost impossible to write this without hearing a 12-year-old boy in my head laughing, despite my best efforts to avoid such concerns.
THE LEAD: Less than a year after being lauded as a heck of a great chancellor for his stewardship of UW La Crosse, Joe Gow was fired from his leadership role after the UW Board of Regents found out he’d been doing porn on the side:
“In recent days, we learned of specific conduct by Dr. Gow that has subjected the university to significant reputational harm,” UW System President Jay Rothman said. “His actions were abhorrent.”
Board President Karen Walsh said Gow showed “a reckless disregard” for his role as a UW-La Crosse leader.
“We are alarmed, and disgusted, by his actions, which were wholly and undeniably inconsistent with his role as chancellor,” she said.
The 63-year-old tenured communications professor had planned to transition back to a faculty role after completing this final year of his chancellorship. That is currently under review, after Rothman asked the UWL interim chancellor to review his status in that role as well.
Gow said in a Milwaukee Journal-Sentinel interview that he was stunned by the firing, especially since it happened without him present, and noted he felt the First Amendment protected such activities:
Gow said he didn’t know how UW System became aware of the videos, which were all posted within the past two months. No one at UW System or on the UW Board of Regents had asked about his hobby, he said.
“I would say that anything that I do or my my wife and I do, we do as citizens in the United States, who have the freedom of First Amendment to the Constitution, to create and publish books and videos that explore consensual adult sexuality,” he said.
FIRST AMENDMENT CONCERNS: Gow discussed the issue of the First Amendment and his view of how it protected his actions in these films. The First Amendment does cover sexually explicit material, as we’ve noted here before.
It also covers not just speech everyone likes, but speech that people DON’T like. It’s easy to get behind a student newspaper that wants to report that the lunch server was fired for giving poor students extra food. It’s a little more difficult to support speech that leads to a question like, “Hey, wanna watch my chancellor do his wife?”
I reached out to one of my “legal eagle” friends for a general sense of how much ground Gow had to stand on in this case.
He noted that Gow is likely in a “doctrine vs. practical reality” kind of situation. From a pure First Amendment standpoint, he noted, he couldn’t imagine this not being constitutionally protected, so long as Gow wasn’t using UWL time and resources. (In his interviews to this point, Gow noted that he did this on his own time, never once mentioned UWL and basically remained unnamed in his video stuff.)
That said, he also noted that in a more practical fashion, the system would likely make the case that Gow’s video activities made it impossible for him to do his day job as chancellor (and maybe professor) effectively.
The legal eagle referenced the Pickering v. Board of Education (1968) case in which a school teacher had been fired for complaining about the board of education in a letter to the editor of the local newspaper. The Supreme Court reversed the lower court’s ruling, saying that off-duty speech of public employees is protected up to the point where it interferes with the functionality of the employees’ organization.
DOCTOR OF PAPER HOT TAKE: Dear Lord… where to start…
First and foremost, I’m a huge fan of the First Amendment. The ability to say and do things that make other people uncomfortable is woven into the very fabric of our establishment as a country and a society. I don’t like the idea of people of any kind saying that something that is legal should lead to punitive consequences for an individual based on other people feeling “icky” about it.
I also don’t like the lack of due process afforded to Gow in this case. Like most things institutions do quickly behind closed doors in our society, Gow’s firing appears to be a railroading of a man who did his job but now makes us uncomfortable.
Second, this isn’t the first time that an institution has punished an employee for naked stuff. Brianna Copperage, a high school teacher in Missouri, was fired after word of her OnlyFans account got around to the school district. She was doing sexually explicit content on the site to augment her meager teacher pay and noted that nothing in the school’s charter prohibited her from doing so. (It also says something that she made more in a month from OnlyFans than she made the entire year teaching.)
A Colorado law enforcement officer was essentially canned after she was outed as a content provider on OnlyFans. Melissa Williams said she was forced to resign once her superiors found out about her sexually explicit content. A similar thing happened to Detroit police officer Janelle Zielinski and others I’m sure.
Look, I totally get the regents’ reaction to all of this, in that it probably freaked them out to find out one of the chancellors was online doing porn. And yes, he was DOING PORN.
(As much as I really, really, REALLY didn’t want to, the reporter in me forced myself to look at the one free, publicly available site noted in the news articles. I needed to see if a) the stuff was there, b) Gow was actually involved and c) was this actually porn or just some general weird “let’s talk about sex” stuff.
The answers are a) yes, b) yes and c) full-on, hard-core, oh-my-GOD-this-is-happening porn. There are days I really hate myself…)
That said, there’s nothing requiring anyone else to go looking for this guy’s “greatest hits” album out there. If seeing this guy and his wife doing the nasty bothers you, don’t go and watch it. This is the same reason I’ve never been to a strip club. Aside from my awkwardness around people in general and the complete discomfort I imagine that kind of a place would give me, my greatest fear would be finding out that one of my students worked there. I imagine my reaction would be something like this:
The point is , the courts have drawn lines already that limit what the First Amendment does and doesn’t cover. If this guy were doing something illegal, if he were employed by a private company or if he were bogarting state funds to do this, we’d be in a different situation. However, it looks like the regents just tried to kill a fly with a sledgehammer and I’m going to be interested to see what the repercussions are for their actions.