preLaw Magazine - Fall 2008 - (Page 17) Law professor raises eyebrows University of Arkansas at Little Rock professor Richard Peltz sparks national headlines after suing two former students for defamation, claiming they falsely labeled him a racist BY KAREN DYBIS T racking a high-profile lawsuit isn’t unusual in the law-school community. But in this case, the lawsuit is by a University of Arkansas at Little Rock professor against, among other parties, two of his former students. The suit — filed in March by Richard Peltz, a constitutional law professor — has raised some eyebrows in the educational community. It also has sparked national newspaper articles, online debate on law blogs and general conversation as to whether Peltz should have taken any action at all. Peltz claims students Valerie D. Nation of Little Rock and Chrishauna L. Clark of Pine Bluff, who are former officers of the university’s Black Law Student Association, have made false accusations against him around the law school and in the statewide legal community since 2005. The lawsuit also names lawyer Eric Spencer Buchanan, president of the W. Harold Flowers Law Society, and the society itself. Peltz, who has rarely spoken about the case, told National Jurist that he feels the lawsuit was not only necessary, but completely legitimate considering the charges leveled against him. “After months of repeated failure to engage the other side in mediation so that I could remove the stigma of the false allegation of ‘racist,’ which was repeatedly made against me, I had no other choice but to seek to clear my name in a court of law,” Peltz said. “It is my legal opinion that freedom of expression has never included the right to falsely stigmatize a person and make him or her unemployable,” Peltz added. “From a personal point of view, I can think of only a few things worse than being falsely accused of being a racist.” Among the publications picking up on the story was The New York Times. Writer Lynnley Browning noted: “The Arkansas case could do more than give law students practical experience before they take the “ I am not prepared to accept the proposition that academic freedom ends at the front door of the law school. —Prof. Richard Peltz, University of Arkansas ” bar; it could also renew debate about free speech on campus and academic freedom.” Noted legal bloggers including Paul Caron, Ann Althouse and Steven Bainbridge have posted newspaper articles about the lawsuit. Others have chimed in on the suit, mostly disagreeing with Peltz’s decision to file. “Though I suppose professors have the right to sue just like everyone else in America, suing your students, well, that’s over the line — way over the line in my book,” said Mitchell H. Rubinstein, editor of the Adjust Law Prof Blog. Peltz joined the Bowen School of Law faculty in 1998. He is a tenured law professor, teaching courses including torts, constitutional law, communications law, First Amendment law and freedom of information law. He is suing for defamation to recover damages for “substantial and irreparable injury” to his reputation. Peltz claims his reputation was damaged as a result of the defendants’ “publishing of false statements of fact in spoken and written words” about him, his character and his integrity. In particular, Peltz claims the students wrongly accused him of being a racist. “I am not prepared to accept the proposition that academic freedom ends at the front door of the law school,” Peltz said. “Thus, it is my hope that in the larger scheme of things, this bit of legislation will not be a matter of great moment other than to be as a person who sought to clear his name.” Still, Peltz said he has received a wide array of feedback since this lawsuit became public. “From those who know me I have received nothing but support; from those who are bent upon a result without a regard for the means, I have been made aware of the price one pays when he seeks to clear his name,” Peltz said. The suit was pending at press time, although Peltz said his lawyers continue to seek a resolution by mediation. He has dismissed his original charges against the Black Law Students Association. “I remain hopeful that this matter can be resolved without the necessity of a trial,” Peltz said. Fall 2008 17
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