One week ago the Daily Illini Editorial Board issued a forceful rebuke of a poorly crafted University directive: “Ethics memo another free speech slight,” in which the Editors explain, “Not only could this policy harm the free flow of information inside the classroom, it deprives students of the necessary skill of learning to deal with opinions that may be different from their own.”

We do not object to the University’s reminding faculty, student employees, and staff not to use their offices, computers, or compensated time for political work, to promote compliance with the State Officials and Employees Ethics Act. We strongly object, however, to the new policy’s breadth, for it goes well beyond the scope of the Act. And we worry about its actual and perceived impact on political speech.

Ethics Matters, the University’s newsletter, laid out a broad set of restrictions on the political speech of faculty, student employees, and staff. Under this new policy, while on University property, even on a day off, a graduate student employee cannot wear a pin, button or t-shirt supporting a particular candidate or party. A faculty member parking in the University lot may be violating the policy if the car has an Obama bumper sticker. Perhaps most striking, the directive prohibits employees, even when off the clock, from attending political rallies on campus, even in a semi-public forum like the Quad.

Although the September edition of Ethics Matters suggests the Ethics Office will not be vigorously enforcing its policy, it remains on the books. While the policy was purportedly designed to comply with state law, it is much broader than the state law, so broad that it also prohibits constitutionally protected political speech.

As the American Association of University Professors (AAUP) explained just a few days ago, “It is also notable that courts are typically not sympathetic to the argument that unconstitutional rules or laws can remain on the books just because a given official pledges not to enforce them.” Many faculty and staff members are painfully aware of the Administration’s proclivity for selective enforcement of its policies. As long as the iteration of policy remains on the books, the threat of enforcement remains. And the threat of enforcement by its very nature suppresses constitutionally protected political speech, creating a chilling effect by coercing members of the University community into self-censorship.

Serving as President of the University of Illinois is a sacred public trust carrying with it a responsibility to be a good steward of the institution. University stewardship necessarily involves avoiding needless damage to the University’s reputation. One need only look at the Inside Higher Ed article titled “Beware the Button Police” to get a sense of the ridicule resulting from the hastily crafted policy. A growing list of national organizations, blogs and newspapers across the state and country are covering the story, and objecting to the University’s intrusion on academic freedom and free expression. President B. Joseph White surely realizes that in the midst of a multi-million dollar branding campaign, this is not the kind of publicity the University needs.

When faced with backlash from faculty and graduate students, and asked about the policy by the News-Gazette, White said the official policy will not be enforced, at least most of the time. He sees no point in modifying or revoking the statement, and his office will “let common sense prevail.”

We have a few common sense questions: why promulgate a policy you do not intend to enforce? With whom did you consult before approving it? Why upset your faculty and graduate students, and impair the University’s reputation in the eyes of peer institutions? Why needlessly invite the ridicule of advocacy organizations over a policy you do not intend to enforce? Is it really worth it? Wouldn’t it make more sense to repeal the policy?

We write today because we are increasingly frustrated by White’s refusal to remedy this abuse of civil liberties and embarrassment to the University. We suggest he follow his own advice and “let common sense prevail.” Send a revised email to all faculty, staff and students narrowing the scope of the University policy so it directly squares with state law.

In White’s inaugural speech he said, “For a University is at its best in an arena in which the best and most carefully researched and argued ideas prevail. That is why we protect freedoms of thought, inquiry and expression so vigorously in our university community.” White has a duty to make sure his policy lives up to his own principles.

Dr. Stanley Levy is an Adjunct Professor Emeritus of Education and a former Vice Chancellor for Student Affairs (1978-1994). Joshua Rohrscheib is a former President of the Illinois Student Senate (2005-2006) and Daily Illini columnist. He is an alumnus, earning a B.A. in 2002 and a J.D. in 2006.>