Professor’s First Amendment Battle with Texas Tech University Settled After 11 Years

Agreement represents milestone in debate over academic freedom of speech

LUBBOCK, Texas–(BUSINESS WIRE)–The long-standing First Amendment case involving Dr. James Wetherbe and Texas Tech University has been settled, ending a nearly 11-year legal battle.

The case, which began in 2015, centered on issues related to academic freedom and the First Amendment rights of Dr. Wetherbe to speak out against tenure in higher education. The confidential settlement was reached on Jan. 8, 2026, while on appeal to the United States Supreme Court.

“This settlement marks a significant milestone for academic freedom and faculty members’ First Amendment rights within higher educational institutions,” said Dr. Wetherbe’s attorney Fernando Bustos of the Bustos Law Firm in Lubbock.

Dr. Wetherbe, a prominent figure in the field of information systems, has been profiled in multiple outlets on the subject of tenure in higher education, including Harvard Business Review, The Wall Street Journal, The Financial Times, and The Chronicle of Higher Education. He has been awarded and resigned tenure four times at schools, including Texas Tech, and has testified twice before the Texas Senate in support of proposed legislation on tenure reform.

“I am pleased that we settled the case on terms that were satisfactory to both sides. I am excited to continue my teaching and scholarship at Texas Tech’s Rawls College of Business and my advocacy for tenure reform and First Amendment freedom in academia,” said Dr. Wetherbe.

The case is James C. Wetherbe, Ph.D. v Lance Nail, Ph.D. et al., No. 5:15-CV-00119 in the U.S. District Court for the Northern District of Texas Lubbock Division.

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