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 than those of other persons,” specifically with respect “to reasonably control[ling] the content of its curriculum, particularly that content imparted during class time,” and (3) “the strong predilection for academic freedom as an adjunct of the free speech rights of the First Amendment.” Id. at 1074–75.

The context of Bishop involved a professor who independently chose to inject his personal religious beliefs into class discussions on exercise physiology. Citing the ever-present “specter of an establishment violation,” the Eleventh Circuit credited the University’s concerns of possible coercion as a valid interest in regulating the professor’s speech. Id. at 1076 n.7. The fact that the professor conducted an “optional class” that served as a soapbox for his own personal agenda on the eve of final exams underscored the University’s concern about coercion.

In addition, the Eleventh Circuit recognized that the professor sought to recategorize his religious beliefs as his professional views about the science course he was required to teach. Id. Nonetheless, the Eleventh Circuit pointed out “that the two have to be conceptually separated for fair analysis. That is, simply renaming religious views as professional, no matter how well-founded … does not deny the authority of his employer to request that he sequester the personal from the professional nor dismiss the specter of an establishment violation.” Id. In other words, the Eleventh Circuit acknowledged the University had a valid and weighty interest in regulating the course curriculum and avoiding an establishment violation,