Chicago City Wire

Four years ago, Professor Jason Kilborn of the University of Illinois faced investigation and punishment for using racial slurs in an exam for his civil procedure course. The United States Court of Appeals has now reversed a district court's dismissal of his free speech claims. This decision highlights ongoing debates about academic freedom and free speech in educational settings.

Professor Kilborn's exam included a scenario where an employee quit after being called derogatory terms by managers. This led to complaints from the Black Law Students Association and a petition demanding action against Kilborn. The petition said, "The slur shocked students created a momentous distraction and caused unnecessary distress and anxiety for those taking the exam."

In response to the complaints, Kilborn was suspended, denied a raise, and required to undergo drug testing, medical examination, and diversity training. University of Illinois-Chicago Chancellor Michael Amiridis disputed the relevance of the terms used in the exam to civil procedure studies.

The appellate court's decision found that the lower court erred in dismissing Kilborn’s retaliation claim without fully considering his First Amendment protections. The panel declined to apply Garcetti v. Ceballos as controlling, stating: "We decline the University officials’ invitation to extend Garcetti to speech involving university teaching and scholarship when the Supreme Court was unwilling to do so."

A FOIA request revealed that UIC Law has spent $1.2 million on this case. Questions remain about how long the university will continue funding efforts against what some see as core rights for professors.

Kilborn's case underscores tensions between administrative actions and academic freedoms within universities.

Information from this article can be found here.