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Home » News » Archives » Federal Appeals Court Upholds Rights of University of Illinois of Students and Faculty in Chief Illiniwek Debate
Federal Appeals Court Upholds Rights of University of Illinois of Students and Faculty in Chief Illiniwek Debate June 1, 2004 CHICAGO - Citing the unconstitutionality of a "broad prohibition on speech," a federal appeals court in Chicago today upheld the ability of faculty and students at the University of Illinois to communicate with prospective student-athletes without prior approval from University officials. Writing for the majority in the case, Judge Terence Evans wrote that the University's concern that National Collegiate Athletic Association (NCAA) rules prohibited contacts with prospective student-athletes did not outweigh the free speech rights of faculty and students to speak out against racial insensitivity. The appellate court's decision upholds a previous ruling by U.S. District Court Judge Michael Mihm, who previously found that the free speech rights of students and faculty at the University of Illinois Urbana-Champaign guaranteed by the First Amendment to the Constitution of the United States were violated by a university-wide, March 2001 directive mandating that students and faculty members wishing to voice their objections to the continued use of the Chief Illiniwek symbol seek pre-clearance for such objections from the University's Athletic Department. "The Court delivered a clear vindication for our clients, for their free speech rights and the rights of all persons at the University of Illinois campus to express themselves on matters of public policy," said Harvey Grossman, Legal Director for the ACLU of Illinois who is providing representation in this matter. "The appeals court reaffirmed today that faculty and students at the University have the right to address issues of public concern - including the controversial Chief Illiniwek issue - without being compelled to seek the prior permission of University officials." A majority of the Court specifically addressed the constitutional concerns of students and faculty to address a matter of public concern. The University argued on appeal that it has the right to limit the speech of its employees, including faculty, to protect the interests of the University in the recruitment of quality student-athletes for its varsity athletic programs and avoiding possible sanctions by the NCAA. The majority rejected that argument, noting that "(t)he free speech interest of the plaintiffs - members of the public university community - in questioning what they see as blatant racial stereotyping is substantial. That interest is not outweighed by fear that an athletic association might not approve of what they say." Today's decision is the latest development in a lawsuit filed in March 2001 by seven faculty members and students at the Urbana-Champaign campus. Many of the plaintiffs are active in efforts to end the University's use of the Illiniwek symbol, and had announced plans in February 2001 to contact prospective athletic recruits in order to inform the prospective recruits that many individuals and groups find the use of the Illiniwek symbol disrespectful. After reports about such efforts circulated in the news media, the Chancellor issued a campus-wide directive (via email) on March 2, 2001, stating that any contacts with prospective student athletes needed to be cleared in advance by personnel from the Athletic Department. "Today's ruling reinforces Judge Mihm's finding that the University acted unjustly in this matter," added Grossman. "It is important that we allow free speech and open debate to flourish everywhere in our society, especially on our public university campuses. This ruling makes clear anew that such debate not only is critical to our society, it is protected by the Constitution." Editor's note: A copy of the decision in this case is available on line at http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-3627.PDF. |
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