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Pesta v. Bloomberg

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Summary

J. Polster grants the university's motion for summary judgment on the fired professor's First Amendment claims, ruling evidence indicates his abuse of research data from the National Institute of Health was the reason for his termination, not the contents of his paper on a possible link between genetics and intelligence. The professor admitted he "screwed up" when he accessed the data, while the university also knew about his controversial research before it awarded him tenure, and so he cannot prove it retaliated against him once the research was published.

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