Some University employees cried foul last fall over the University’s interpretation of the state’s ethics policies, arguing that it went too far in banning faculty and graduate students from attending political rallies on campus, displaying bumper stickers on their cars or wearing political buttons to class, among other restrictions.

Now, two new bills, filed by local state Rep. Naomi Jakobsson, are passing through the Illinois House of Representatives that would give University employees more leeway if turned into law.

The first bill states that faculty and staff have the right to contact and express their views to legislators on any matter, public or private, without the approval of their employing institution, provided they do not act as if they are speaking for that institution.

The second bill would stop a university or community college from barring its employees from displaying “political buttons, stickers or patches,” as long as the purpose in displaying them is “relevant to instruction,” Jakobsson said.

“I was very glad to see that legislation, so there will be no more confusion about the fact that one does not give up one’s constitutional rights just because one works at the University,” said Esther Patt, president of the Champaign branch of the American Civil Liberties Union, which demanded administrators withdraw their interpretation of the law last fall.

President B. Joseph White responded to concerns over the initial memo, stating in a mass e-mail that University employees should be allowed to attend partisan rallies while off-duty, display bumper stickers on their vehicles and wear political buttons while on-campus but not in the workplace.

However, the message did not clear everything up, said Cary Nelson, president of the American Association of University Professors and professor of English at the University. He said the definition of a workplace in particular needed to be clarified – for example, would an English professor cutting through the English Building to get somewhere else have to remove a political pin while inside?

“The rules that the president (White) left in place are, first of all, silly, and second of all, not constitutionally satisfactory,” Nelson said. “I think it was a good idea to introduce legislation to clarify this.”

Patt said the original interpretation “went far beyond what the law prohibits” and she thinks the bills will be effective in preventing future misinterpretation and confusion.

Jakobsson said the bills are on their second reading, after which they will be voted on by the full House. If the bills are passed, they will go on to the state Senate to begin the process again.

So far, other representatives have responded well to the legislation, Jakobsson said. Both bills came out of the House Higher Education Committee with unanimous approval.

“(Other representatives) were very supportive,” Jakobsson said. “They wanted to know why it was necessary to have these bills. They were just very surprised that the University would have issued its interpretation of ethics law the way it did.”

While the bills were written with the University’s situation in mind, they will apply to all state universities and community colleges and will “codify” interpretations of the ethics statues, Jakobsson said.

Nicholas Burbules, chair of the Urbana-Champaign Senate’s executive committee, said it is important for the legislation to take place on a state level because that is where the law comes from. He said the University was merely interpreting the law – and that the law should give faculty more, rather than less, latitude for freedom of expression.

Nelson said this will prevent other Illinois universities and community colleges from interpreting the law the same way the University did, and he also praised Jakobsson’s efforts.

“I’m glad she’s done it,” he said. “I’m glad she’s taking notice and doing what’s necessary.”

House Bill 898

Faculty and staff members of universities and community colleges can share their views with members of government

No prior approval or notice to the university or college is necessary

Faculty and staff may not say they are speaking on behalf of the university or college when communicating such views

House Bill 899

Universities and community colleges may not stop faculty or staff members from displaying political buttons, bumper stickers or patches on campus

Display of those items must be relevant to instruction when displayed in the classroom

Faculty and staff may attend political rallies on campus while off-duty

SOURCE: Illinois General Assembly Web site