Speech First, Inc. v. Killeen, No. 19-2807 (7th Cir. 2020)Annotate this Case
Speech First challenged University of Illinois policies that allegedly impermissibly chill the speech of its student members. The Bias Assessment and Response Team (BART) responds to reports of bias-motivated incidents. Most students contacted by BART either do not respond or decline to meet; they suffer no consequences. If a student agrees to meet, BART staff explains that the student's conduct drew attention and gives the student an opportunity to reflect upon her behavior. BART’s reports are not referred to the University Police. The University Housing Bias Incident Protocol addresses bias-motivated incidents committed within University housing. There are no sanctions or discipline associated with a reported incident. When a student breaches his housing contract or violates University policy, there is a separate disciplinary process. Expression of the views described in the complaint would not contravene housing contracts nor violate any University policies. Individuals subject to student discipline may be subject to “No Contact Directives” (NCDs) and prohibited from communication with identified parties. NCDs do not constitute disciplinary findings and are not part of the students’ official disciplinary records. An NCD does not prohibit the student from talking or writing about the other. The University has not investigated or punished any members of Speech First under any of the challenged policies.
The Seventh Circuit affirmed the denial of a preliminary injunction. Speech First failed to demonstrate that its members face a credible fear that they will face discipline on the basis of their speech as a result of the policies.
The court issued a subsequent related opinion or order on September 4, 2020.