Page:Gruber v. Bruce.pdf/3

 Dr. Donadio also attended the meeting. Even though he understood that some people found “Redskins” to be a racial slur, he cheered and applauded when the Board voted against forming a committee to determine whether the “Redskins” mascot should be retired. ( ¶¶ 9, 10). Witnessing Dr. Donadio’s enthusiastic support for the Board’s decision, Dr. Gruber was “shocked” and “offended.” ( ¶ 12). She also felt that Dr. Donadio’s behavior was “intimidating” to her Native American friend because it was “racist.” (DSOF ¶ 4).

That same evening, Dr. Gruber contacted Mr. Smith by Facebook Messenger, and informed him about what she had witnessed. Upon hearing Dr. Donadio’s reaction, Mr. Smith, too, became upset and dismayed. (PSOF ¶ 13).

Dr. Donadio’s reaction to the Board’s decision to shelf the issue about renaming the “Redskins,” coupled with his role as the faculty advisor to TPUSA, incensed Plaintiffs and prompted Mr. Smith to create the flyer that is at the heart of this lawsuit. Before discussing that flyer and its aftermath, a little background about TPUSA and its arrival at TTU is appropriate.

As noted, Plaintiffs view TPUSA as a racist organization with “a history of political and racial controversy” surrounding it. ( ¶ 27). They point out that “[b]efore TPUSA had an official student chapter at TTU, in the fall of 2019, TPUSA co-sponsored a campus event with the College Republicans in which an advertisement was made for a debate watch party, featuring (then-Presidential Candidate) Senator Elizabeth Warren dressed up in Native American dress, alongside derogatory comments.”.

TPUSA’s intention to establish a chapter at TTU was disconcerting to some and received significant push-back. One concern was that the organization has a Professor Watchlist website, which publishes profiles of college professors, and has the stated mission to “expose and document