THE LEAD: Former UW La Crosse Chancellor and faculty member Joe Gow has filed a federal suit to undo his firing. Gow was fired from each of his positions after it came to light that he and his wife were doing porn and posting the videos online for public consumption.

The lawsuit argues the UW System’s decision to terminate Gow violated the First Amendment and flouted the UW System’s commitment to free expression.

“I think this is an important moment for free speech and I’d like to think this will result in a court saying you can’t fire someone for what they do on the internet on their own time,” Gow, 64, told the Milwaukee Journal Sentinel. “It sounds grandiose but maybe we can get people to rethink pornography.”

Milwaukee-based attorney Mark Leitner filed the lawsuit on Gow’s behalf on Monday, the first day of spring semester classes at UW-La Crosse.

 

BACKGROUND: As we previously outlined on the blog, Gow was removed as chancellor in late 2023 once the Board of Regents became aware of his hobby. However, as is the case with most faculty in administrative positions, Gow retained retreat rights that would have put him back in the classroom as a tenured faculty member of the communication department.

The regents apparently decided that the idea of Gow teaching students at a university he led for almost 17 years with few problems was going to be a bridge too far, so they stripped him of his tenure and fired him in 2024. At the time, Gow was in contact with the Foundation for Individual Rights and Expression (FIRE), which helped him find legal counsel for a potential suit.

 

BLOG FLASHBACK: In September, we did a Q and A with Zach Greenberg of FIRE, who was nice enough to walk through the issues associated with the case as well as why FIRE felt this was a First Amendment issue. You can give that a read here.

 

A  FEW UNPLEASANT REMINDERS ABOUT THE FIRST AMENDMENT:

• The First Amendment is essentially content neutral. It’s not meant to protect expression people like. It’s meant to protect expression people DON’T like. As we explained when universities were trying to take sides on the Israel/Palestine situation, you can’t just defend free speech when you like the speech.
• To overcome the protections afforded in that amendment, it requires some very specific things: Fighting words, true threats and child porn are among the most clear cut. Something making someone feel uncomfortable or what might happen at some distant point in the future doesn’t clear that bar.
• The First Amendment is about governmental action, which includes public institutions. As part of the First Amendment to the Constitution, the government generally does not possess the right to curtail free speech or free press. If Gow were working at Marquette University when this happened, he’d be out on his ass, no questions asked.

DOCTOR OF PAPER HOT TAKE: Long story short, this is essentially a game of “chicken” and has been since Gow’s porn stuff first became public knowledge.

Gow almost HAD TO sue, as to let things sit as they were would essentially be saying, “The UW System was right and I shouldn’t have been doing the porn thing.” In the same way, the university system almost HAD TO fire him and then brace for impact, because it’s not like the folks at the State House and State Senate aren’t already looking for 10,002 reasons to cut higher-ed funding in Wisconsin. To let this go would have every fire-and-brimstone legislator screaming about how not a dime of state money should fund “the UW Porn System!”

I also think the idea of him doing porn just makes the regents and Gow’s colleagues feel awkward and icky, so they don’t want to have to deal with him any more. I get it, in that nobody with a half-dozen siblings likes looking at their parents and being forced to think, “Wow, Mom and Dad really got busy a lot…”

Let me be clear: I have no problem with two consenting adults doing whatever they want to do together, so long as it’s not breaking the law. I also wouldn’t want to think about my boss doing a Porn Hub channel, nor would I want to see it. However, just because I don’t like something, it doesn’t follow that it shouldn’t exist and the First Amendment serves to protect the rights of all people in that regard.

I understand that certain things can and should lead to people being fired, but I tend to think of most of those as legal matters. Felonies tend to reflect poorly on individuals and therefore the companies that employ them, so that makes sense. Misdemeanors? I guess it depends on what it is, but it is up for debate. If I fail to yield the right of way to a roaming cow out here, I could be fined, but I don’t think I should be fired. Public urination? Yeah, that doesn’t look so great, so maybe…

Gow’s hobby used to be illegal back in the late 1960s and early 1970s, when the possession, creation and dissemination of pornography was illegal. You know what also used to be illegal back then? My hobby: Pinball.

From the 1940s to the 1970s, laws prohibited the silver-ball games due to their influence of “juvenile delinquency” as well as fear that they were morally bankrupt and would lead to gambling and other vices. In fact, it wasn’t until 1974 that the Supreme Court ruled that pinball was fine and it took until 1976 for New York City to start acting right. That was after both the Stanley v. Georgia ruling and the Miller v. California rulings that made porn passable in the country.

Back then, both were criminal offenses. Today, it’s totally cool for me to tell my students, “Hey, I’m working on a pinball machine I just bought,” while it’s less acceptable for Gow to announce in a classroom, “Hey, I’m working on a new film for Only Fans!”

The one thing I’m constantly left wondering in situations like this one, and the Sam Kuffel case we discussed Monday, is this: Exactly how much of my life does my employer have a right to control and who draws those lines?