In the case of Joseph Corlett vs. Oakland University, a judge has finally ruled: no, telling your college professor in writing that she is "stacked" and gives you a boner is not speech legally protected by the First Amendment.
Inside Higher Ed reports on the case of Corlett, a 50-something student at Oakland University in Michigan, made the comments in his journal (the full journal is posted here), as part of an English class assignment (in which students were "encouraged to be creative and write about whatever they wanted"). The thing, though, is that Corlett decided to write about, among other things, his English teacher, and how sexxxy he found her, and her "stacked" body, and her "sexy little mole on her upper lip."
The teacher took exception to this. Corlett was suspended from the school. He took the school to court, claiming his First Amendment rights had been infringed. Yesterday, a judge sided with the school:
"Plaintiff’s expressions of lust for [his instructor] or descriptions of her physical appearance are not entitled to First Amendment protection," Judge Duggan said, citing a federal appeals court ruling that "self-expression is not to be equated to the expression of ideas or opinions and thus to participation in the intellectual marketplace."