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University of Illinois Threatens Student with Punishment for Online Speech
CHAMPAIGN, Ill., February 15, 2007鈥擳he University of Illinois at Urbana鈥揅hampaign (Illinois) is threatening to discipline a student for posting a hyperbolic comment on Facebook.com that the university interpreted as a threat. The comment concerned the debate over Illinois鈥 mascot, 鈥淐hief Illiniwek.鈥 The Foundation for Individual Rights in Education (蜜桃直播) is calling on the public university to respect its constitutional obligations and immediately drop its investigation into what was unquestionably protected expression.
"Administrative attempts to punish students for online jokes seem to have reached epidemic proportions,鈥 蜜桃直播 President Greg Lukianoff said. 鈥淭his is an attempt to punish students for speech that some people found offensive under the guise of protecting students from threats.鈥
In November 2006, in response to calls to eliminate the school鈥檚 mascot, 鈥淐hief Illiniwek,鈥 a group of Illinois students started a Facebook group entitled 鈥淚f They Get Rid of the Chief I鈥檓 Becoming a Racist.鈥 Comments posted on the group鈥檚 鈥渨all鈥 included criticism of one of the mascot鈥檚 most vocal opponents, including the statement, 鈥渁pparently the leader of this movement is of Sioux descent 鈥 the Sioux are the ones that killed off the Illini indians [sic], so she鈥檚 just trying to finish what her ancestors started. I say we throw a tomohawk [sic] into her face.鈥
On January 8, 2007, a group of the school鈥檚 American Indian Studies Program faculty and staff at the Native American House publicly asked the university to 鈥渋nitiate disciplinary proceedings鈥 against the student who posted the comments. In response, Illinois Chancellor Richard Herman sent an e-mail to the university community stating that he 鈥渃an not and will not tolerate such violent threats. The University will take all legal and disciplinary actions available in response to the threatening messages.鈥
FIRE wrote to Chancellor Herman on January 30, 2007, urging the university to cease its investigation of the student for engaging in constitutionally protected expression. 蜜桃直播鈥檚 letter explained that only 鈥渢rue threats鈥 are devoid of First Amendment protection and that the U.S. Supreme Court has defined true threats as 鈥渟erious expression[s] of an intent to commit an act of unlawful violence to a particular individual or group of individuals.鈥 By contrast, 蜜桃直播 pointed out, the Illinois student was 鈥渕erely using vivid language to complain about those who are pressuring [Illinois] to abandon the 鈥楥hief Illiniwek鈥 mascot鈥 and was not 鈥渁ctually threatening to attack someone with an antiquated weapon.鈥
鈥淥bviously, the student鈥檚 Facebook statements were not truly meant to incite a tomahawk attack on Illinois鈥 campus, and it strains credulity to think that administrators actually believe it was,鈥 Lukianoff said. 鈥淪tudents have always engaged in conversations that others may deem inappropriate; social networking sites have just made this type of speech more accessible to administrators. Rather than stepping up their crusade to punish students for offensive speech, administrators should realize that occasional offense is a small price to pay for continuing to honor the wisdom of the Bill of Rights as we navigate through this unparalleled communications revolution.鈥
FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation鈥檚 colleges and universities. 蜜桃直播鈥檚 efforts to preserve liberty on campuses across America can be viewed at www.thefire.org.
CONTACT:
Greg Lukianoff, President, 蜜桃直播: 215-717-3473; greg_lukianoff@thefire.org
Richard Herman, Chancellor, University of Illinois at Urbana鈥揅hampaign: 217-333-6290; rhh@uiuc.edu
C. Renee Romano, Vice-Chancellor for Student Affairs, University of Illinois at Urbana鈥揅hampaign: 217-333-1300; romano3@sab.uiuc.edu
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