No date for a future hearing has been set, but the ruling will allow Churchill and his attorney to once again argue that Churchill's First Amendment rights were violated when the University of Colorado fired him in 2007.
Churchill was initially successful in his lawsuit against CU in 2009 when a Denver jury agreed to award him $1, but the victory turned out to be short lived when the trial judge tossed the monetary award as well as Churchill's request for reinstatement. The legal reasoning behind the judge's decision is legally intricate, and Tuesday's decision by the Colorado Supreme Court indicates the justices will take a good look at the lower court's reasoning.
Ward Churchill gained international notoriety when in 2005, four years after he initially penned an essay on the root causes of 9/11. His essay started to be distributed widely. In the essay, Churchill compared the victims inside the World Trade Center buildings to "little Eichmanns," in reference to Adolf Eichmann's role in the Holocaust.
Churchill and his attorney David Lane vigorously argued at trial that the professor was directly targeted by his bosses for speaking out, and that his right to freedom of speech was violated when he was subsequently fired.
The University argued Churchill was fired because of "research misconduct" during his years at CU.
(KUSA-TV © 2011 Multimedia Holdings Corporation)