A request for a temporary restraining order and expedited hearing filed by Tamar Shirinian met resistance in a motion from UT last week.
Shirinian, who is currently on paid leave, filed a motion for a temporary restraining order and preliminary injunction on Nov. 5, requesting reinstatement in her position as an anthropology professor.
The university filed a response Wednesday, Nov. 19, asking the judge to block Shirinian’s request. Shirinian submitted a reply Nov. 21.
Judge Katherine Crytzer, appointed by President Trump in 2020, has taken on the case after Judge Thomas Varlan, appointed by President Bush in 2003, recused himself.
The university’s response cited timing as a reason to block Shirinian’s motion, noting the 51-day period between when Shirinian was placed on leave and the filing of the temporary restraining order. Shirinian’s reply claimed the university left out details of multiple discussions during that period, including Shirinian’s letter of appeal, in which Shirinian requested reinstatement.
“The lawsuit was ultimately filed when it was clear that a resolution prior to filing a lawsuit was not possible,” the reply said.
The reply also referenced support for Shirinian’s return to the classroom from faculty, specifically citing debate at September’s Faculty Senate meeting, student outreach to Shirinian and a letter Barabra Heath, anthropology department chair, sent to Chancellor Donde Plowman in favor of Shirinian.
“As was previously established, Dr. Shirinian’s close working relationships, including students who she was working with and her own Department Chair, support her,” the reply said.
Under the question of protected versus punishable free speech, the reply recalled the university’s response to UT law professor Glenn Reynold’s 2016 comment regarding protestors in North Carolina blocking traffic. Reynolds wrote, “run them down,” and continues to teach at UT.
“This Court must not allow Defendants to cherry pick what speech they deem to be acceptable or choose for which side of the political aisle they are willing to ignore the First Amendment,” the reply said.
The reply ultimately argues Shirinian will face permanent damage without reinstatement, and that the injunction is justified given that “her chance of succeeding on the merits is likely.”
“UTK, as a prestigious institution of higher education, recognizes that the various viewpoints held by people should be debated and not suppressed, even if they are despicable and discriminatory,” the reply said. “As Defendants know, while vile and disgusting, even the viewpoints of neo-Nazis on campus and professors openly calling for living, breathing protestors to be run over by people driving cars, are protected under the First Amendment.”
Tamar Shirinian, professor of anthropology, faced termination proceedings after commenting online about Charlie Kirk’s assassination in September, saying “the world is better off without him in it.” Shirinian has since filed a complaint against Chancellor Plowman, President Randy Boyd and Faculty Senate President Charles Noble in both their personal and official capacities.
The University of Tennessee declined to comment on this pending legal matter.
