Illinois college bars campus from informing recruits of mascot controversy

By The Associated Press

03.15.01

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University of Illinois' Chief Illiniwek performs during Iowa-Illinois football game in Champaign, Ill., Oct. 14, 2000.

URBANA, Ill. — The American Civil Liberties Union is asking University of Illinois' chancellor to rescind a mass e-mail forbidding faculty, staff and students from talking to athletic recruits about the controversy over the school's Native American mascot.

Chancellor Michael Aiken immediately refused to rescind the March 2 message, which Harvey Grossman, the ACLU's legal director in Illinois, called an "extraordinarily broad prior restraint on protected speech and association."

"We do not believe that the NCAA rules require preclearance of all expression between all faculty, students and staff as your message implies," Grossman said in a letter to Aiken dated March 7.

Even if the Big Ten or NCAA has such rules, "the adoption of rules of a private organization or the delegation of rule-making to a private organization cannot excuse a rule's unconstitutionality," Grossman wrote.

The ACLU request is the latest chapter in a dispute between those who say the Chief Illiniwek mascot — a student dressed in a colorful Indian costume who dances at sporting events — honors Native Americans and critics who call the mascot racist and demeaning.

For years, as other schools abandoned their Native American mascots, alumni, fans and others have weighed in with their opinions on whether the Chief Illiniwek character, a 75-year-old tradition, should be retired.

On March 13, Gov. George Ryan reiterated his support for the chief. "I've always supported the chief," said Ryan. "I think it's done honorably. I think it's done professionally."

About 800 faculty members have signed a petition asking the school to drop the symbol. The board of trustees is studying the issue and has suggested it will seek a compromise that would both keep the chief and put the controversy to rest.

Aiken sent his e-mail after a group of professors threatened to begin contacting prospective student athletes, educating them about the controversy surrounding the school's American Indian mascot and symbol and the resulting racial climate on campus.

"The University faces potentially serious sanctions for violations of NCAA or Big Ten rules," Aiken wrote. "All members of the university community are expected to abide by those rules, and certainly any intentional violations will not be condoned."

Edwin C. Yohnka, communications director for ACLU of Illinois, said such a wide-ranging pronouncement infringes on free-speech rights on campus.

"Our concern is that the boundaries are so broad," he said. "The wide dispersal of the e-mail seemed clearly designed to create a kind of chilling effect on what is obviously speech."

A statement issued March 13 by Aiken's office said, "The letter has been shared with our legal counsel and we disagree with Mr. Grossman's objections. The chancellor does not plan on rescinding his e-mail message."

Yohnka says the ACLU will take legal action on behalf of anybody in the university who is sanctioned for contacting potential recruits.

Update

ACLU sues Illinois college for warning faculty, students not to contact recruits
Federal lawsuit asks judge to prevent administrators from punishing anyone who talks to prospective athletes about controversy over school’s American Indian mascot.  03.23.01