Where academic freedom and the First Amendment religion clauses clash

[Brad M Pardee]

There was an interesting column in today campus paper about the hostility 
in certain places on our campus (a state university) toward conservative 
Christians (and, in fact, conservatives in general, although it's the 
hostility based on the student's religion which is germane to this list). 
One of the significant points of the column, written by a member of the 
English Dept. faculty, says, "I have before me an e-mail from a 
conservative Catholic student who had 'consistently been ostracized 
throughout [last] semester' in a class in which the professor had 
'harassed and belittled' her for her faith, ultimately going on a rant 
that reduced the student to tears."

Assume for the sake of discussion that this description of the student's 
experience is accurate (and I have no reason to assume it is not).  What 
would happen if the student were to file a complaint that the professor, 
as a representative of a state institution, was violating either the 
student's First Amendment right to free exercise or the Establishment 
Clause (assuming that a state can neither advocate nor denigrate a 
particular religion)?  Does the professor have a defense in claiming 
academic freedom, or does the First Amendment trump that claim?

The entire story is at 
http://www.dailynebraskan.com/vnews/display.v/ART/2006/02/22/43fbe6d7caf9f

Brad Pardee
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