Ward Churchill’s lawsuit against the University of Colorado for firing him after his comments labeling victims of 9/11 “little Eichmanns” has now proceeded to the Colorado Supreme Court. Churchill says that his comments fall under First Amendment guidelines; essentially, he argues that he should be allowed to say whatever he wants as a state university employee.

Churchill already won his civil lawsuit … and was awarded $1 by a scornful jury. The court is set to decide three issues. First, can a university investigate a professor’s writings and base firing decisions on such investigations; second, are university regent decisions immune from lawsuit; third, should Churchill get his job back.