In a blow to Louisiana State University law professor Ken Levy’s fight to return to teaching, a state appeals court reversed a lower court’s order that had put him back in the classroom.

LSU at Baton Rouge suspended Levy from instruction last month. In a lecture shortly before his suspension, Levy made comments about Republican Louisiana governor Jeff Landry, President Donald Trump and students who support Trump.

Levy’s attorney, Jill Craft, filed a request for a temporary restraining order to get Levy back into the classroom. A judge granted it Jan. 30 without a hearing. But, on Tuesday, a panel of judges from Louisiana’s First Circuit Court of Appeal reversed the return-to-teaching part of the order, writing that the lower court erred in issuing the order without a full evidentiary hearing. The case continues.

On Jan. 14, Levy was explaining his course rules to students—including a ban on recording the class. A recording was made nevertheless.

Levy referenced Landry’s public calls in November for LSU to punish Nicholas Bryner, one of Levy’s fellow law professors, for Bryner’s alleged in-class comments about students who support Trump. Levy said he himself “would love to become a national celebrity [student laughter drowns out a moment of the recording] based on what I said in this class, like, ‘Fuck the governor!’”

Levy also referenced Trump. “You probably heard I’m a big lefty, I’m a big Democrat, I was devastated by— I couldn’t believe that fucker won, and those of you who like him, I don’t give a shit, you’re already getting ready to say in your evaluations, ‘I don’t need his political commentary,’” Levy said. “No, you need my political commentary, you above all others.”

In a Tuesday statement, Todd Woodward, a university spokesperson, said, “The Ken Levy situation is not a question of academic freedom.” Woodward said there were “complaints about the professor’s remarks” and “our investigation found that Professor Levy created a classroom environment that was demeaning to students who do not hold his political view, threatening in terms of their grades, and profane.”

Landry posted on X Tuesday that “no judge would tolerate this conduct in their courtroom or any legal professional setting. It should not be tolerated at our taxpayer funded universities either.”