James Franco is asking a judge to toss a lawsuit filed against him by a former New York University professor who sued the actor for calling him a "bad teacher". 

Jose Angel Santana filed a defamation lawsuit against the 127 Hours star in September, claiming he made "disparaging and inaccurate public statements" against him after receiving a poor grade in his class. 

Santana requested a default judgment in his favour after the actor allegedly failed to respond, but now Franco has hit back, insisting he was never properly served with the lawsuit. 

In newly filed legal documents, obtained by TMZ.com, Franco argues Santana's request for a default judgement should be dismissed. 

He also maintains the entire case should be thrown out because his comments are protected by his right to free speech.