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Published in The News-Gazette on March 26, 2025
OPINION: JIM DEY, staff writer for The News-Gazette
The wheels of justice grind slowly, but grind they do.
That's why a federal court of appeals in Chicago recently reinstated a freedom of speech lawsuit filed by a University of Illinois-Chicago law professor who was punished —actually, dragged through the mill — for offensive wording he did not include in a test question.
If that sounds confusing, that's because it is.
The bottom line, however, is that a three-judge appellate court reversed a trial judge's decision that UIC law officials were constitutionally immune from a lawsuit filed by veteran Professor Jason Kilborn.
This controversy has been pending since December 2020, when Kilborn posed a civil procedure test question that required students to examine issues in a case of alleged racial discrimination that included evidence concerning racial epithets.
Kilborn did not include the epithets in his question, instead using "expurgated" (b---- and n-----) slurs. Still, minority students in his class complained that they felt "harassed" and "unsafe" because of language in the test question.
That launched Kilborn on an odyssey of growing punishment in which he was suspended, his classes cancelled, a pay raise denied and attendance of lengthy sensitivity-training classes ordered.
This all came as a disappointing surprise to Kilborn, because he had used the same question in previous classes in previous years without incident.
But this time was different. To his critics, he could do no right. Even the Rev. Jesse Jackson Jr. joined public protests demanding his ouster.
Eventually tiring of the recriminations, Kilborn went to federal court to challenge what he called violations of his constitutional rights, including that of free speech.
Law school officials, however, adamantly defended their actions on the grounds that they were necessary to ensure students had a "safe and supportive environment."
The appellate justices upheld the trial judge's decision to dismiss some of Killborn's complaints, including one challenging his forced attendance in an eight-week diversity class "where he was compelled to express his commitment to the goals of the program."
They said law school officials might not have known their actions were oppressive, and, because of that, they enjoyed qualified immunity.
But it was a different story on the free speech/class question claim.
Noting public employees "do not relinquish" free speech privileges, the appeals court said Kilborn's right to address issues of public concern in the classroom and the importance of academic freedom give him standing to pursue his lawsuit.
They noted the courts repeatedly have found that academic freedom plays a "vital role" in our democracy. They also found that because Kilborn' swords were spoken in a classroom rather than in a bigger venue, it "does not detract" from their public importance.
"The exam question was designed to give students experience confronting a highly-charged situation that they may encounter in real-life practice," Justice Thomas Kirsch wrote in a 25-page opinion joined by Justices Ilana Rovner and David Hamilton.
This case, of course, is far from over.
The justice sent it back for further action to trial Judge Sara Ellis. Even if it goes to trial — it could be settled out of court — it will take a while.
Meanwhile, Kilborn is back in class teaching would-be lawyers. But he's been burned by a question that — out of the blue — was deemed controversial and a form of harassment, to the point that he has, in Kirsch's words, "refrained from teaching certain pedagogically relevant cases in his class."
Jim Dey is a staff writer for The News-Gazette. His email is jdey@ news-gazette.com.
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FOR IMMEDIATE RELEASE: March 24, 2025 Contact Information: Ride Illinois Dave Simmons, executive director (630) 216-9282 dave@rideillinois.org
Illinois Bike & Walk Summit coming to Springfield
Creating Connected Livable Thriving communities: Illinois Bike & Walk Summit Fosters Learning and Lobbying Among Advocates and Practitioners
Ride Illinois and its partner organizations are pleased to announce the 2025 Illinois Bike & Walk Summit. Three hundred advocates, professionals, and public officials will gather in Springfield (May 7-8, 2025) for an important conference to help shape the future of biking and walking across the state. The conference will take place over two days in Springfield. Day One - May 7 ● A welcome from Springfield Mayor Misty Buscher ● Breakout sessions with topics including: ○ Completing the Great American Rail Trail ○ Developing Low-Stress Bike Networks ○ Bike/walk legislation at the state and federal level: 2025 and beyond ● Keynote Speaker: Tom Flood ○ A bold and visionary advocate who uses striking design and messaging to challenge car-centric culture, and a champion spokesman of safer streets for all. ○ Flood's Presentation Topic: Reframing Road Safety. This presentation will highlight his work and its importance in challenging the narrative around active transportation and road safety.
Day Two - May 8 ● Lobby Day ● Workshops focused on: ○ Advocacy training ○ Trail development ○ Best practices for the planning, design, and incorporation of complete streets into transportation projects. ○ CM and PDH credits available. Dave Simmons, executive director of Ride Illinois, emphasized the new format of lobbying and advocacy: “It’s important that elected officials hear from their constituents. Lobby Day is an opportunity for Illinois residents to voice their concerns related to biking and walking in their community.” The legislative goals of Lobby Day include advocating for bills that will increase safety for pedestrians and bicyclists. Springfield Mayor Misty Buscher shared, “I am honored to greet attendees to the 2025 Illinois Bike & Walk Summit. I look forward to the summit and also look forward to making Springfield a more bike/walk friendly community.” With a strong foundation built on the educational and empowering sessions of day one, the day of lobbying will bring a buzz to Springfield with the hope of creating safer, more accessible active transportation options for all ages and backgrounds. The end goal being that active transportation becomes a viable and welcoming choice for everyone. Conference Details ● Illinois Bike & Walk Summit to convene in Springfield, May 7-8 with a focus on creating connected, livable, thriving communities. ● Highlights of the event include: ○ Keynote speaker Tom Flood ○ Inaugural lobby day ○ Breakout sessions ○ Workshops ○ Networking opportunities ● The 2025 Illinois Bike & Walk Summit will take place at the Wyndham Springfield City Center, conveniently located in the heart of Illinois’ state capital. ● Registration for the conference starts at the affordable price of $20! ● For more information and to register for this event, visit IllinoisBikeWalkSummit.org.
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