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UT Dallas student journalist sues university over his removal as Mercury editor

A UT Dallas senior removed as editor of The Mercury after running a letter with a disclaimer is suing UT System regents and three UTD administrators, saying they violated his free speech rights.

Opal Keller

October 7, 20262 min read

Press Freedom - illustration, Jake Team LLC

A UT Dallas senior who was removed as editor-in-chief of the student newspaper, The Mercury, has sued several members of the UT System Board of Regents and three UTD administrators in federal court, arguing they violated his First and Fourteenth Amendment rights.

Gregorio Olivares Gutierrez told KERA the case grew out of an opinion piece. In the summer of 2024, Jade Steinberg, who led the campus Hillel chapter, submitted a letter to the editor titled "Campus antisemitism." It arrived during protests at UTD and other campuses over Israel's actions in Gaza.

Olivares Gutierrez said he asked the writer to back up several claims with sources and, when that did not happen after a second round of edits, chose to run the piece anyway rather than reject it. The Mercury published the letter on Aug. 19, 2024, with an editor's disclaimer saying it was the author's opinion and that presenting opinion as fact did not meet the paper's standards.

The complaint and the discipline

According to KERA, Steinberg filed a discrimination complaint against Olivares Gutierrez with UTD's compliance office the next day, and the university removed him as editor on Sept. 13. His lawsuit argues the complaint was a "pretext" to punish him for earlier reporting that, in the suit's words, cast "UTD in an unfavorable light."

Other Mercury staffers who walked out in protest were removed from the paper as well, KERA reported. The group went on to launch The Retrograde, an independent nonprofit newspaper that covers the campus.

A university investigation later found that Olivares Gutierrez had discriminated against Steinberg by publishing the disclaimer, and he was given a two-year deferred suspension. The Foundation for Individual Rights and Expression (FIRE) has written to UTD asking it to drop that sanction.

What each side says

Griffin Rubin, his attorney and a member of FIRE, likened the deferred suspension to a sword hanging over his client. "The whole point is to chill his speech," Rubin told KERA. Rubin said they have also asked for a temporary restraining order to put any sanctions on hold while the case proceeds, and that Olivares Gutierrez is not seeking money beyond possible attorney fees.

"Students do have these rights," Olivares Gutierrez said. "Don't just let yourselves be pushed around because there are protections."

UTD and the UT System Board of Regents told KERA they cannot comment on pending litigation. Steinberg had agreed to an interview with KERA but had not given one by the time its story ran.

Sources

kera.org

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Opal Keller

Opal Keller reports on local business, new openings, and economic development in Richardson.

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