The 7th Circuit Court has reinstated a lawsuit by University of Illinois Chicago Law Professor Jason Kilborn, who faced retaliation after including an expurgated racial slur in an exam. His 2022 lawsuit, initially dismissed, alleged violations of his First Amendment rights and due process. The court affirmed that academic speech holds qualified protection under the First Amendment. Kilborn’s exam question prompted an investigation due to claims of a racially hostile environment, leading to his suspension and required training, highlighting ongoing tensions in academic freedom and sensitivity around race-related discussions.
A federal appeals court has ruled that Professor Jason Kilborn’s use of an expurgated racial slur on an exam question entitles him to First Amendment protection.
The court concluded that Kilborn's academic speech was constitutionally protected and reversed the dismissal of his First Amendment retaliation claim.
The university's investigation found Kilborn violated harassment policies, leading to a suspension and required diversity training after students expressed discomfort with the exam question.
The ruling raises significant questions about academic freedom and the extent of protected speech in a university setting, especially in the context of discussing sensitive topics.
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