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The legal saga involving University of Illinois Chicago School of Law Professor Jason J. Kilborn continues as he files an appeal with the 7th U.S. Circuit Court of Appeals in Chicago. The request comes after his civil rights lawsuit, triggered by the dismissal of his case related to the use of abbreviated racial and gender slurs in a December 2020 final exam, faced setbacks.
Legal Allegations and Dismissal
Kilborn’s 2022 complaint, citing violations of the First Amendment, the 14th Amendment, and state laws, targeted university administrators, including former law school dean Julie Spanbauer. However, U.S. District Judge Sara L. Ellis dismissed Kilborn’s First Amendment retaliation claim, stating his speech didn’t involve matters of public concern. The 14th Amendment due process claims were also rejected, leading to the rejection of state law claims.
Controversial Exam Question
In 2020, the Black Law Students Association called for Kilborn’s resignation from the academic affairs committee, urging the university to establish a policy against “offensive and culturally insensitive” language. The professor faced administrative leave in the spring of 2021 following complaints about his conduct, including the use of derogatory terms and dismissive remarks targeting racial minorities.
Expanded Allegations
The Office for Access and Equity detailed additional complaints, spanning remarks during a January 2020 lecture, denouncing the participation of minorities in civil rights claims and characterizing media stories about white men negatively. The office’s letter alleged that Kilborn’s behavior substantially interfered with Black students’ law school participation, leading to his administrative leave in spring 2021.
Support and Opposition
Kilborn received support from the Foundation for Individual Rights in Education’s faculty defense fund. Despite criticism and complaints, some law professors, including Andrew Koppelman and Brian Leiter, supported Kilborn’s actions, deeming the objections “foolish persecution.”
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Statements
The University of Illinois Chicago refrained from commenting on the ongoing litigation, emphasizing its policy on pending cases. Paul Vickrey, Kilborn’s attorney, expressed anticipation for presenting the case in the 7th Circuit, highlighting the importance of clarifying First Amendment boundaries in public universities.
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