Ex-college chancellor loses bid for immunity in mascot flap

By The Associated Press

05.30.02

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PEORIA, Ill. — Former University of Illinois Chancellor Michael Aiken can be sued for damages for requiring faculty and students to obtain permission from the school before talking with athletic recruits about Chief Illiniwek, a federal judge ruled this week.

In his summary judgment, U.S. District Judge Michael Mihm on May 28 ruled that Aiken's warning gave school officials too much control over the free speech of others. He denied an immunity request from Aiken.

Aiken, who retired last summer, issued the warning in March 2001 after several faculty members announced they would begin contacting high-profile recruits to "educate" them about the racial issues surrounding the school's use of an American Indian symbol and mascot.

Seven faculty members and students then sued the university in federal court claiming Aiken's warning violated their free-speech rights.

Trial is set for July.

Aiken eventually rescinded the requirement after Mihm issued a temporary restraining order last year forbidding the university from taking action against any member of the university community based on Aiken's earlier warning.

Update

Mascot opponents awarded damages in suit against Illinois college
Federal judge had previously ruled University of Illinois violated First Amendment by barring campus critics from contacting athletic recruits about Chief Illiniwek controversy.  07.24.02

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Illinois college rescinds order banning mascot critics from talking to athletes
ACLU has not yet determined if university’s new stance resolves suit filed by campus members opposed to school’s Chief Illiniwek.  06.07.01