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A professor of physical anthropology at San José State University has lost her request for a temporary injunction against the university, The San Jose Mercury News reported.

Elizabeth Weiss sued the university, saying that she’s being retaliated against for her controversial stance on the repatriation of skeletal remains for reburial. Weiss says she is being denied access to collections of bones for her beliefs.

U.S. District Court Judge Beth Labson Freeman dismissed Weiss’s request for a temporary injunction. The judge also said that Weiss cannot use the First Amendment as a “shield and a sword” to protect her own controversial statements and to silence the First Amendment–protected statements of those who disagree.