Identity of Speakers
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Jason Kilborn
Faculty/Staff
OtherLaw professor at the University of Illinois Chicago School of Law
Resources
Additional Information
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Incident Nature:
Classroom
Course Content
Lawsuit
Other
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Incident Political Orientation:
Not Clear -
Incident Responses:
Faculty sanctioned
University administration invoked formal speech code in response
Litigation
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Incident Status:
In litigation Federal District Court
In litigation Federal Court of Appeals
- Did not involve Speech Codes
Summary
In March 2025, the Seventh Circuit Court of Appeals revived a First Amendment retaliation lawsuit filed by Professor Jason Kilborn of the University of Illinois Chicago School of Law. Kilborn alleged he was suspended after including a redacted racial slur in an exam question and discussing controversial topics in class, including the use of terms such as “cockroaches” and “lynching,” and quoting a Jay-Z song using African American Vernacular English. He claimed these actions were protected speech under the First Amendment.
The court ruled that Kilborn’s speech was constitutionally protected academic speech and rejected the university’s argument that speech made pursuant to official duties is not protected under the First Amendment. The ruling clarified that the Supreme Court’s 2006 Garcetti decision does not apply to academic speech related to teaching and scholarship.
The decision allows Kilborn’s lawsuit to proceed. The case is currently pending in district court.
