The University of Oregon was ordered to update its social media guidelines and pay between $95,000 and $382,000 in attorneys’ fees as part of a settlement between the university and Portland State University Professor Bruce Gilley. 

In August 2022, Gilley filed a lawsuit against the university after he was blocked from the UO’s Division of Equity and Inclusion’s X account by Tova Stabin, the now retired communication manager of the UO Division of Equity and Inclusion.

Gilley, a former Portland State Professor, had responded “all men are created equal” in response to the original post. Stabin’s tweet stated “You can interrupt racism” and included the prompt, “It sounded like you just said __________. Is that really what you meant?””

The social media updates include: 

• Clear guidelines which prevent content from third parties from being removed or blocked solely on the basis of viewpoint, even if that viewpoint is perceived by some as offensive, racist, or hateful
• Exceptions for posts where blocking is allowed:

• Encourage immediate illegal action

• Threaten violence

• Violate Oregon laws on stalking or harassment

• Promote criminal acts
• Block access to campus spaces
• Personally target students or staff in a way that creates a hostile or unsafe environment

The settlement also defines specific rules for “off-topic” posts; UO is permitted to block spam, repetitive ads, or unrelated comments but not posts just because they express different views. 

A mandated appeal process will be implemented for individuals who feel that their account or content was wrongfully blocked, muted, or deleted.

In addition, the settlement requires UO staff who run official social media accounts to receive annual training on free speech rules.

According to UO Spokesperson Eric Howald, “the training and reporting functions are under construction at this time and should be in place in the coming weeks.”

“We are updating procedures, e.g. that we will offer trainings, create guidance for what can be restricted for content vs. what cannot be restricted for content, and create pathways for people to challenging the blocking of content,” said Howald. 

Howald clarified that these changes will build off of existing guidelines for handling “troubling but protected speech.” 

For 180 days after the settlement was reached, the university will report its progress on these changes.

Justin Francese, a professor for the School of Journalism and Communication, said that UO faces legal constraints when moderating online content.

“Public officials under the law… they’re very limited on how they can moderate. If it looks from the audience’s point of view, or if it’s obvious to anyone that the comment was a political viewpoint regarding the topic, then they open themselves up to a First Amendment lawsuit,” Francese said.

When asked about the importance of a new appeals process Francese said it is “critical.” 

“In my view, the appeal has to be step one for anyone who feels like they’ve been unjustly censored for whatever reason, whether it’s political speech or not,” he said. “Mr. Gillies simply could have just engaged in an appeals process. He could have called and said, ‘You’ve censored me,’” Francese said. 

According to Howald, UO “does not agree that it committed any of the violations alleged in Bruce Gilley’s complaint.”

“No funds are being paid directly to Mr. Gilley as part of the settlement, and any attorney fee award will be covered by the university’s insurance company,”Howald said. 

Howald said that the settlement’s terms primarily serve to clarify when the university is permitted to block individuals from its official social media platforms under the newly updated guidelines.

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