University of Illinois settles suit with free speech group

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The University of Illinois has settled in a lawsuit brought by a free speech group claiming that the Urbana-Champaign campus was violating the First Amendment with rules surrounding political and other forms of speech.

Fox News previously reported on the lawsuit, which was filed in 2019 and targeted three particular aspects of the university's practices: the bias response team (BART), restrictions on posting flyers for political candidates, and "no contact directives" (NCT) that effectively function as restraining orders.

Speech First brought the case on behalf of member students attending the university. Several students, the group argued, felt uncomfortable either supporting President Trump or engaging in civil discourse that the university might consider biased or offensive -- a charge the group says could result in punishment including possible expulsion from university housing.

The settlement, obtained by Fox News and filed on Tuesday, includes an agreement that the university wouldn't reinstate a requirement -- repealed in July of 2019 -- for prior approval of "promotional materials of candidates for non-campus elections."

UNIVERSITY OF ILLINOIS SUED FOR ALLEGEDLY CHILLING SPEECH WITH 'BIAS RESPONSE TEAM'

It also clarified that the BART and "Bias Incident Protocol" (BIP) "have no authority to impose any form of discipline on any student."

"These policy changes clarify that the university administration may not intimidate students into silence by accusing them of ‘bias,’" said Speech First president and founder Nicole Neily.

"As an alumna, I was particularly dismayed to see an institution that I once loved employing draconian, unconstitutional policies to muzzle speech with which they disagreed – my fellow Illini deserve better, and we are proud that this settlement makes clearer where the school’s authority ends."

Bias motivated incidents, according to the university, included "actions or expressions that are motivated, at least in part, by prejudice against or hostility toward a person (or group) because of that person's (or group's) actual perceived age, disability/ability status, ethnicity, gender, gender identity/expression, national origin, race, religion/spirituality, sexual orientation, socioeconomic class, etc."

In one of its annual reports, the BART listed a slew of blatantly offensive behaviors -- including distributing flyers to join the Ku Klux Klan -- but, according to Speech First, violations could easily include behaviors protected by the First Amendment.

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BART's definition of "bias-motivated incidents," according to the suit, was also overbroad and vague enough to chill free speech. The lawsuit pointed to things like displaying a confederate flag. Speech First argued that enforcement criteria for "no content directives" -- which restrict a student's interaction with another student -- were similarly arbitrary and could result in expulsion from the university.

The university did not immediately respond to Fox News' inquiry. In a 2019 statement to Fox News, the university said it was "deeply committed to the core values of free speech and free expression and to the open exchange of competing ideas and perspectives."