FEDERAL COURT RULES IN FAVOR OF ANTI-CHIEF PLAINTIFFS

Federal Court Judge Michael Mihm placed a temporary restraining order on University of Illinois Chancellor Michael Aiken prohibiting him from preventing students and faculty at the Urbana-Champaign campus from contacting potential student athletes.*  This is part of the greater controversy surrounding the University's defense of its race-based mascot Chief Illiniwek and Fighting Illini as the symbol of its sports teams.

In a 'gag' order issued to the entire UIUC campus on March 2, 2001, Aiken stated, "No contacts are permitted with prospective student athletes, including high school and junior college students, by University students, employees or others associated with the University without express authorization of the Director of Athletics or his designee."

Faculty and students of the UIUC campus were represented in court by Harvey Grossman, of the ACLU.  The ACLU filed the suit against Chancellor Aiken on behalf of the plaintiffs seeking relief for all students and faculty.

"We hope the Chancellor takes this ruling as a clear indication of the legal merits of our case.  Clearly, it is in the best interests of the University that Chancellor Aiken rescinds his 'gag' order of March 2nd. There is absolutely no benefit to the University to continue litigation without legal merit that is costly in time and money and that is damaging to the reputation to the University," stated UIUC Professor Stephen Kaufman.  "In its academic accreditation review of the campus, the North Central Association condemned the UIUC for lack of institutional integrity in its failing to adhere to its own rules on non-discrimination. This recent attempt of the administration to undermine the First Amendment rights of its students and faculty surely will impact on the NCA's continued concern about the University's governance."

The Chancellor, his attorneys, and UIUC athletic compliance officer Vince Ille were unable to cite NCAA rules that might be violated should students or faculty contact prospective student athletes.  It was clear to the court that the plaintiffs have no interest in recruiting student athletes and that the NCAA's rules only speak to recruitment of athletes into the member institution's sports programs.

The NCAA defines potential student athletes as all high school and junior college students. As Aiken acknowledged in his testimony, the University already has in place programs through which faculty are encouraged to contact these same students on other issues.  Thus, in spite of allegations to the contrary, the Chancellor's order was clearly directed to silence specific speech, that is speech directed to informing prospective student athletes about the University's use of a race based mascot as the symbol of its sports teams. The court agreed that the over-broad standardless restraint on speech imposed by the Chancellor constitutes a major breech of First Amendment rights.

"It is important and appropriate to make students aware of what will be representing them as athletes at UIUC and what, in turn, they will be representing.   They should know that by their participation, they will be degrading another race.  We also feel it is important to advise potential student-athletes of the position of the National Collegiate Athletic Association and other organizations on this issue.  We thank the court for supporting our right to do so," said Kaufman.

"Any attempt to quash the dissemination of information of public concern to current or prospective students certainly seems contrary to the educational mission the University," commented Cyd Crue, president of the National Coalition On Racism in Sports and Media.  "I just don't understand what the Chancellor and trustees are afraid of.  After all, isn't the free exchange of ideas what a university is all about?"

*Judge Mihm's ruling is over 25 pages long and will be available late morning, Friday,4/6/01. at:
http://www.ilcd.uscourts.gov/ in the orders and opinion section.
 

For further information contact:
Stephen Kaufman (217-333-3521) or Cyd Crue, NCRMS-IL (217-355-6757).