In a pivotal victory for academic freedom and the First Amendment, the U.S. Court of Appeals for the Seventh Circuit issued a major decision recently in Kilborn v. Amiridis, holding that public university professors retain strong free speech rights when it comes to teaching and scholarship. The decision aligns the Seventh Circuit with other federal appellate courts that have carved out critical protections for faculty members in the wake of the Supreme Court’s restrictive Garcetti v. Ceballos ruling.
This landmark decision is a game-changer for public university faculty in the Seventh Circuit and has far-reaching implications for how institutions balance institutional policies with constitutionally protected academic expression. Continue reading to learn more about this decision and how the legal team here at Allen Harris can help protect your free speech rights.
A Law Professor’s Exam Sparks Controversy
The case began when Professor Jason Kilborn, a tenured law professor at the University of Illinois Chicago (UIC), was investigated and sanctioned by the university for including an exam question that referenced racial and gender slurs in a censored form. The university later expanded its inquiry to comments he made during classroom instruction and conversations with students.
As a result of the controversy, Kilborn was placed on leave, required to undergo diversity training, and denied a standard merit raise. He filed a lawsuit alleging that university officials violated his First Amendment rights, among other constitutional claims.
The Legal Question: Does Garcetti Apply to Academic Speech?
At the heart of the case was whether the Supreme Court’s 2006 decision in Garcetti v. Ceballos, which limits the First Amendment rights of public employees when speaking pursuant to their official duties, applies to university professors engaged in teaching and scholarship.
The Seventh Circuit said no.
In a detailed opinion, the Seventh Circuit reaffirmed that Garcetti explicitly exempted academic speech from its ruling, noting that “expression related to academic scholarship or classroom instruction implicates additional constitutional interests” and may be entitled to greater protection. The court emphasized that universities occupy a “special niche” in American constitutional tradition, rooted in the principle that academic freedom is “a special concern of the First Amendment.”
Why This Matters
The Seventh Circuit held that Kilborn’s speech, both in the exam and in classroom discussions, fell squarely within the realm of protected academic expression. The court noted:
- Academic speech retains First Amendment protection when it relates to teaching or scholarship.
- The university’s response to Kilborn’s speech could plausibly be seen as retaliation for his protected speech.
- Even controversial or offensive examples used for pedagogical purposes do not lose protection under the First Amendment.
This sets an important precedent: public university professors cannot be disciplined for classroom speech merely because it offends students or makes them uncomfortable, so long as it serves legitimate educational purposes.
Academic Speech Is Still Subject to Limits
While the decision affirms that faculty speech tied to teaching is protected, it also makes clear that this protection is not absolute. The court preserved universities’ right to restrict speech that amounts to genuine harassment or threats, but emphasized that such restrictions must be grounded in fact, not used as pretext for silencing controversial viewpoints.
In this case, the court found that the university’s justification for punishing Kilborn may have been pretextual. That question will now proceed to further litigation.
At Allen Harris, we represent faculty whose rights to speak, teach, and engage in scholarship are under pressure. The Seventh Circuit’s decision in Kilborn v. Amiridis is a critical step forward in reaffirming the constitutional protections that make higher education a true marketplace of ideas.
If you’re a faculty member concerned about how your institution handles controversial speech or academic freedom, we’re here to help. Our team of education and free speech lawyers has the experience to protect your rights and ensure you’re treated fairly. Please don’t hesitate to contact Allen Harris for a consultation today.