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Home » News » Archives » Federal Court Orders University of Illinois to Pay Damages in Free Speech Case
Federal Court Orders University of Illinois to Pay Damages in Free Speech Case For Immediate Release September 12, 2002 CHICAGO - Hailing the decision as vindication in response to �blatant censorship,� the American Civil Liberties Union of Illinois today welcomed receipt of a federal judge�s ruling ordering Michael Aiken, the former Chancellor for the University of Illinois at Urbana-Champaign, to pay damages to individuals harmed by an unconstitutional effort to limit free expression on the Chief Illiniwek controversy. The written decision, dated September 3, 2002, confirms an announcement from the bench by U.S. District Court Judge Michael M. Mihm at the conclusion of a day long trial in Peoria on July 22. At that time, Judge Mihm indicated that he would order the University to pay $1000 in damages to five current and former faculty members and students at the Urbana-Champaign campus as part of their successful challenge to a directive previously found to be unconstitutional. �This is final vindication for our clients in their challenge to an act of blatant censorship,� said Harvey Grossman, Legal Director for the ACLU of Illinois who provided representation for the students and faculty in this matter. �The court has issued a specific penalty against former Chancellor Aiken for seeking to limit the ability of all students, faculty and University staff to participate in the public debate over a critical public policy issue � the use of the Chief Illiniwek symbol by the University.� The case stems from a March 2001 email directive issued by Aiken requiring all students and faculty members on the campus to obtain prior approval from the Athletic Department before contacting prospective student-athletes to discuss their concerns about the controversy surrounding �Chief Illiniwek,� the Native American mascot used by the University at athletic events. Judge Mihm previously issued a temporary restraining order barring enforcement of the directive in March 2001, and granted the ACLU�s motion for summary judgment in May 2002, finding the pre-clearance requirement amounted to a prior restraint on the speech rights of the students and faculty members in violation of their constitutional protections. Today�s ruling follows a one-day trial that dealt with the plaintiff�s request for damages. The decision is a final conclusion at the trial level to a lawsuit filed in March 2001 by seven faculty members and students at the Urbana-Champaign campus. Many of the plaintiffs are engaged in Native American studies, and all have been active in efforts to end the University�s use of the Illiniwek symbol. The group privately made plans in February 2001 to contact prospective athletic recruits for the purpose of informing them about the on-going controversy. The group planned to contact the prospective student athletes in order to inform the prospective recruits that many individuals and groups find the use of the Illiniwek symbol disrespectful. After reports about the plans circulated in the news media, the Chancellor issued a campus-wide email directive on March 2, 2001, stating that any contacts with prospective student athletes needed to be approved in advance by personnel from the Athletic Department. After a hearing in March 2001, Judge Michael Mihm issued a temporary restraining order, barring the University from enforcing the provisions of the pre-clearance directive. In June 2001, the University Chancellor issued a second directive that appeared to withdraw the previous order. In May 2002, Judge Mihm granted the ACLU�s motion for summary judgment, specifically holding that the email directive was a prior restraint on the free speech activities of students and faculty members on the University campus. �At every step in this litigation, the judge ruled that the University cannot use its authority and power to stifle voices in public debate,� added Grossman. �A public university should be a oasis for free expression and the free exchange of ideas. Chancellor Aiken�s email directive sought to stifle debate that could be embarrassing to the University.� �Judge Mihm�s ruling demonstrates that there are clear consequences for public officials seeking to limit free speech rights,� according to Grossman. The court today awarded damage claims of five plaintiffs in the lawsuit, Cydney A. Crue, Brenda Farnell, Fred Hoxie, Stephen Kaufman and Philip Phillips. |
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