Portland, OR — A straightforward expression of support for equality spawned a lengthy legal battle that has now ended with the University of Oregon acknowledging that its employee should not have blocked Professor Bruce Gilley over constitutionally protected speech.

After two-and-a-half years of litigation led by the Institute for Free Speech, the parties have now reached a settlement that vindicates Professor Gilley’s rights while establishing new, better safeguards for protected speech by citizens interacting with university social media accounts.

The lawsuit stemmed from a June 2022 incident in which the University of Oregon’s Division of Equity and Inclusion blocked Professor Gilley from its official X (formerly Twitter) account after he responded to a “racism interrupter” post by reposting it with the comment “all men are created equal.” The University has now acknowledged that this blocking should not have happened and that Professor Gilley’s comment “is constitutionally protected speech and should not have been blocked.”

“This settlement represents a significant victory for free speech in the digital age,” said Professor Bruce Gilley. “Universities cannot silence viewpoints they disagree with on their official social media platforms. It’s especially troubling that my simple statement that ‘all men are created equal’ prompted this response. This principle isn’t just a founding ideal of our nation, it’s protected speech that public institutions cannot censor—as the University of Oregon found out.” The settlement requires the University of Oregon to implement numerous meaningful pro-speech reforms, including:

• Clarifying social media guidelines to explicitly protect speech from viewpoint-based censorship
• Creating an appeals process for those who believe they were wrongfully blocked
• Conducting annual First Amendment training for staff who manage university social media accounts
• Maintaining judicial oversight for 180 days to ensure settlement implementation

The case saw a number of key legal developments before ultimately reaching settlement. In March 2024, the U.S. Court of Appeals for the Ninth Circuit vacated a previous denial of a preliminary injunction and remanded the case. In July 2024, the district court granted a preliminary injunction protecting Gilley’s right to interact with the University’s social media account, rejecting arguments that staffing changes made the injunction unnecessary.

The parties finalized settlement on March 26, 2025. The settlement also includes a process for the settlement judge to determine the amount of fees to be paid by UO’s insurer to Gilley’s attorney.

“This victory sends an unmistakable message that university officials cannot act as ideological gatekeepers on social media platforms, including when seeking to promote DEI, which has become a sort of state religion on many university campuses,” said Institute for Free Speech Senior Attorney Del Kolde. “The settlement acknowledges that Bruce Gilley should not have been blocked for quoting one of our founding documents and should lead to changes that allow for greater freedom of speech going forward. Public universities should serve as marketplaces of ideas, not echo chambers.”

Local counsel Angus Lee added, “This outcome demonstrates that the First Amendment remains powerful in digital spaces. When government entities create public forums online, they cannot pick and choose which constitutionally protected viewpoints are allowed to participate in those forums. Professor Gilley’s perseverance and the terms of this settlement will help prevent future unconstitutional abuses that suppress speech.”

To read the full settlement agreement, click here. For more information about the case, Gilley v. Stabin, including client photos for media use, please visit our case page here.

About the Institute for Free Speech

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.