• Northern Illinois University: Unequal Treatment of Political and Religious Student Organizations

  November 18, 2010

  The Student Association Senate at Northern Illinois University twice denied recognition to the NIU chapter of Students for Sensible Drug Policy (SSDP) because of the group’s viewpoint, its alleged “political” activities, and failing to show sufficient “respect” for the Senate. Following the first denial of recognition, the Senate made matters much worse by defining “political” and “religious” organizations so as to unconstitutionally jeopardize the funding of many more student organizations. The Student Association also maintains unconstitutional double standards regarding recognition and funding of student organizations, making “political” and “religious” student organizations at NIU second-class groups while giving “social justice” and “diversity” groups full […]

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• Mohammed Cartoon Controversy: FIRE Response to Intimidation and Newspaper Disputes

  February 22, 2006

  As a result of worldwide controversy regarding caricatures of the prophet Mohammed, first published in a Danish newspaper, free speech was being openly disregarded on American college campuses. In the weeks following the printing of the cartoon, students, professors, and student publications not only reprinted the controversial cartoons but even created their own satirical cartoons depicting Mohammed. Chilling of speech in relation to the cartoon was found at Century College, University of Illinois at Urbana-Champaign, Rensselaer Polytechnic Institute, and New York University, amongst others.

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Red Light Policies

• Non-Discrimination/Harassment Policy and Complaint Procedures for Employees and Students

  Speech Code Category: Harassment Policies
  Last updated: October 10, 2016

  Policy Violation on the basis of Race – occurs when differences in employment/academic decisions are based upon the employee’s/student’s race. Conduct prohibited by this policy includes, but is not limited to, the use of racial slurs, graffiti, or ethnic jokes that create a hostile or abusive working environment.

  Typically, a hostile environment is created only when the discrimination or harassment is severe and alters the conditions of the victim’s employment/academic environment. The occasional improper comment and/or joke, generally, will not create such a hostile
  environment and/or be indicative of racial discrimination unless such conduct is severe, pervasive, and/or occurs on a frequent basis.

  …

  Examples of age related discrimination includes, but is not limited to, characterizations, stereotypes, jokes, or insults regarding the employee’s/student’s age, poor health, and/or medical conditions, forced retirement, and the use of any derogatory terms regarding age.

  …

  Policy Violation on the basis of Sexual Orientation – occurs when employment/academic decisions are based upon or biased because the employee’s/student’s sexual orientation is or is perceived to be heterosexual, lesbian, gay, bisexual, or transgender. Examples of conduct prohibited by this policy includes, but is not limited to, offensive language, mockery, verbal threats, damage to personal property, and physical violence or harassment.

  …

  Policy Violation on the basis of Sexual Harassment – occurs when sexual behavior or requests for sexual favors: … Have the express purpose or effect of substantially interfering with an individual’s work/academic performance or creates an intimidating, hostile or offensive working academic environment.

  …

  In order for the conduct to be considered sexual harassment, the behavior must be:

  * Unwanted or unwelcome;
  * Sexual in nature or related to the sex or gender of the employee/student;
  * Sufficiently severe or pervasive to alter the conditions of the recipient’s employment or education.

  Examples of sexual harassment in employment or education include, but are not limited to, uninvited sexual comments or innuendo, oral, written, or electronic communications that are sexually explicit in nature or sexually explicit questions, jokes, or anecdotes about gender-specific traits.

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• Your Guide to On-Campus Living: Decorating Rooms

  Speech Code Category: Posting and Distribution Policies
  Last updated: October 10, 2016

  The outside of the room door and the window facing outward are considered public display areas representing the character of the institution. Public display areas may be monitored to insure that inappropriate materials/messages are not visible. University administration/residence hall staff uses the policies, mission, and values of the institution to determine the appropriateness or inappropriateness of public area displays. Residents may be required to remove public displays deemed as inappropriate.

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• Freedom of Expression at NIU: Frequently Asked Questions

  Speech Code Category: Posting and Distribution Policies
  Last updated: October 10, 2016

  0. I used to be able to avoid the MLK green zone when offensive and hateful speakers were present. Now these speakers can be wherever they want including in front of my residence hall, cafeteria, academic buildings, etc. Why isn’t the university working to protect me?

  Our new free speech policy stresses that people should be respectful of one another and not descend into what would be termed illegal “hate speech.” If that happens, the university is within its rights to take action. However, the first amendment to the Constitution of the United States does not give individuals and groups a Constitutional right not to be offended by something they hear or is said.

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• Your Guide to On-Campus Living: Discrimination and Harassment

  Speech Code Category: Harassment Policies
  Last updated: October 10, 2016

  Harassment of individuals, especially based on race, ethnicity, religion, gender, sexual orientation, or disability will not be tolerated in University residence halls or by the University in general.

  Such harassment is defined as acting or communicating in a manner that intentionally harasses, coerces, intimidates, threatens, or seriously embarrasses any persons, especially on the basis of race, ethnicity, religion, gender, sexual orientation, or disability.

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• Student Code of Conduct: Harassment

  Speech Code Category: Harassment Policies
  Last updated: October 10, 2016

  Acts of harassment include the use of words or actions that persistently and wrongfully attack another person. The unwanted communication must be objectively offensive to a reasonable person before it may be considered actionable harassment.

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• Title IX/Sexual Misconduct Policy and Complaint Procedures for Employees and Students

  Speech Code Category: Harassment Policies
  Last updated: October 10, 2016

  Gender-based Harassment or Discrimination: acts of a verbal or nonverbal nature or physical aggression, intimidation, or hostility based upon sex/gender or sex/gender-stereotyping (even if those acts do not involve conduct of a sexual nature) that is sufficiently serious to limit or deny the ability to participate in or benefit from the University’s programs and activities or the terms and conditions of employment. Example: the repeated sabotaging of female graduate students’ laboratory experiments by male students in the class.

  […]

  Sexual Harassment: unwelcome, verbal, or physical conduct of a sexual nature (such as sexual advances or requests for sexual favors) sufficiently serious that it unreasonably interferes with or limits a person’s ability to participate in or benefit from the University’s educational programs, activities, and/or employment. Sexual harassment may be based on a power differential, the creation of a hostile environment (reasonably severe conduct that is sufficiently pervasive to have the purpose or effect of unreasonably interfering with work or educational performance, or creating an intimidating, hostile or offensive working or educational environment) , or retaliation.

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• Student Code of Conduct: Abuse (Verbal and Threats)

  Speech Code Category: Harassment Policies
  Last updated: October 10, 2016

  Persistent, severe, and/or pervasive abuse, threats, intimidation, coercion, bullying and/or other conduct which threatens or endangers the mental or physical health or safety of any person or causes reasonable apprehension of such harm.

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• Procedures for Facilitating Policy Concerning Freedom of Expression

  Speech Code Category: Protest and Demonstration Policies
  Last updated: October 10, 2016

  All publicly accessible areas of campus, (“Exterior Space(s)”) may be used for expression by members of the University community.

  …

  In order to provide necessary resources to support the exercise of one’s constitutional rights, members of the University community and the public are encouraged to register.

  …

  To accommodate the need for immediate and spontaneous demonstration and to better facilitate the free exchange of ideas, the University has designated Exterior Spaces (see Appendix A) for speeches, demonstrations and other forms of expression.
  Exterior Spaces are available for this purpose between 8:00 am and 1:00 am. In order to minimize reservation conflicts and best accommodate all interested users, the University encourages all parties to contact SILD at http://go.niu.edu/activityform for scheduling.

  …

  When assessing a reservation request or when informed of spontaneous expressive activities on campus, University personnel shall not consider the content of the expression (except when the expressive activity constitutes unprotected speech as defined by law i.e. fighting words, true threats, etc.), the viewpoint of the expression or the possible reaction to that expression, except to the extent such factors are relevant to assessing appropriate security measures. University personnel may not impose restrictions on individuals or organizations engaged in expressive activities due to viewpoint of their expression or the possible reaction to that expression.

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• Free Speech Zones Reluctantly Enforced During Constitution Week

  September 24, 2015

  By Peter Fricke at Campus Reform On two recent occasions, university officials seemed reluctant to enforce free speech zone policies.  University officials often become combative while enforcing free speech zone policies, but on two recent occasions they were downright pleasant, even apologetic. In one instance, a video of which was obtained by Campus Reform, a Northern Illinois University campus police officer addresses students associated with the school’s Young Americans for Liberty group, who had gathered in an outdoor area of campus Monday with signs and a petition advocating for free speech in honor of Constitution Week. “No free speech today.” […]

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• NIU Says Crazy Internet Policy Doesn’t Apply to Students, But It Does!

  August 21, 2014

  By Robby Soave at Reason Online CommonsEarlier today, I reported that Northern Illinois University maintains a restrictive Internet use policy that warns students to avoid websites deemed harmful by the administration. Web surfers at NIU are not supposed to use the internet for social media, advertisement, or politics. This policy violates free speech law, according to the Foundation for Individual Rights in Education. NIU responded, issuing a statement disputing that students were being turned away from certain websites: “I want to assure students that — contrary to some Internet reports — they will have access to social media websites such as Facebook, Twitter, Instagram, Pinterest, and others,” […]

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• Orwellian University Blocks Students’ Access to Harmful Sites, For ‘Civility’

  August 21, 2014

  By Robby Soave at Reason Online Northern Illinois University is restricting students’ access to certain websites. For their own good, of course. The internet is a dangerous place, and we wouldn’t want students inadvertently coming across something controversial, now would we? Students who attempt to visit an unauthorized site through the campus network are redirected to a creepy “Web Page Access Warning.” The “warning” is that the students are about to go somewhere that probably violates NIU internet policy. One student reported the policy to Reddit after he received a warning for trying to access the Westboro Bapist Church’s Wikipedia page. That’s right, its Wikipedia […]

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• NIU Recognizes Students for Sensible Drug Policy

  December 10, 2010

  Today John R. Jones III, associate vice president of Northern Illinois University, informed Jeremy Orbach, president of the school’s chapter of Students for Sensible Drug Policy, that NIU’s administration is stepping in to recognize SSDP as a “social justice, advocacy, and support organization,” which means it can use campus facilities and is eligible for activity fee funding. The administration is thereby overriding the Student Association Senate, which twice voted against recognizing SSDP based on vague, constitutionally suspect criteria. In a letter (PDF) to Orbach, Jones writes: I have made the determination, under the unique circumstances of this case, to administratively […]

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• What’s a Group Gotta Do to Post a Flyer Around Here?

  December 8, 2010

  by Jacob Sullum reason.com   On Sunday night, Northern Illinois University’s Student Association Senate denied recognition to the school’s chapter of Students for Sensible Drug Policy (SSDP), which means it may not post flyers or meet on campus. The Senate already had denied activity-fee funding to SSDP, declaring it a “political” group, as opposed to a “social justice” or “advocacy” group. Sunday’s meeting was called to address constitutional objections to this decision raised by the Foundation for Individual Rights in Education (FIRE), which last month wrote a letter to NIU President John G. Peters noting that NIU, as a state-run […]

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• Student editors react to ‘Hosty’ decision

  February 28, 2006

  By Ricky Ribeiro at Student Press Law Center Student editors at three student newspapers said college journalists need to start discussing the effects of Hosty v. Carter now that the Supreme Court has decided not to hear the case. “[Hosty]’s come up from time to time [in our newsroom],” said Aaron Seidlitz, editor in chief of Eastern Illinois University’s student newspaper, the Daily Eastern News. “Most of the time it’s with the staff and a few professors as well. I think that every collegiate newspaper should just have conversations with their advisers just to have a better understanding of the […]

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• Thought Reform 101

  March 1, 2000

  At Wake Forest University last fall, one of the few events designated as “mandatory” for freshman orientation was attendance at Blue Eyed, a filmed racism awareness workshop in which whites are abused, ridiculed, made to fail, and taught helpless passivity so that they can identify with “a person of color for a day.” In Swarthmore College’s dormitories, in the fall of 1998, first-year students were asked to line up by skin color, from lightest to darkest, and to step forward and talk about how they felt concerning their place in that line. Indeed, at almost all of our campuses, some […]

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• Dear Universities, If You’re Embarrassed to Enforce Your Free Speech Zone on Camera, Why Have It at All?

  September 28, 2015

  As far as FIRE can tell, Constitution Day 2015 went smoothly on college campuses across the country. Students passed out copies of the Constitution and university administrators largely left them alone, even if the distribution occurred outside of the school’s designated, and misnamed, “free speech zone.” Peter Fricke of Campus Reform reported on two exceptions in an article titled “Free Speech Zones Reluctantly Enforced During Constitution Week.” The videos in the article, however, suggest that the seeming improvement in the attitude of university officials towards students handing out copies of the Constitution may not reflect the realization that stopping such […]

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• Northern Illinois U. Commits to Rescinding Overbroad Internet Restrictions

  September 2, 2014

  Northern Illinois University’s (NIU’s) student newspaper the Northern Star reported last week that after significant media criticism, the university will revise and clarify its Acceptable Use Policy for information technology resources.

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• Students Return to Campus Censorship, But Fight Back with FIRE

  September 2, 2014

  PHILADELPHIA, September 2, 2014—As millions of college students arrive on campus this fall—many for the first time—few of them realize that nearly 59 percent of our nation’s colleges maintain policies that clearly and substantially restrict speech protected by the First Amendment. Too many students will realize that the rights they took for granted as Americans have been denied to them only after they face charges and disciplinary action for speaking their minds. But this year, campus censorship faces a new deterrent: FIRE’s Stand Up For Speech Litigation Project, which aims to finally bring an end to unconstitutional and illiberal speech […]

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• Coverage of NIU’s Response to Filtering Controversy Reveals Fundamental First Amendment Mistakes

  August 27, 2014

  Last week, we reported on the unacceptably broad network use policy adopted by Northern Illinois University (NIU) and implemented via heavy-handed filtering that was reportedly tripped even by certain Wikipedia pages, including the entry on the Westboro Baptist Church. The displayed warning message, which referenced the network use policy’s prohibition on visiting “unethical” websites, was fairly unambiguous in conveying that the restrictions were based on the content of those websites, and ominously warned that the “violation” would be logged and reviewed.

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• Northern Illinois U. Attempts to Defend Content-Based Internet Restrictions

  August 21, 2014

  Yesterday, the Internet got wind of Northern Illinois University’s (NIU’s) Acceptable Use Policy for “information technology resources,” which lists prohibited uses of NIU’s network and hardware. As I explained here on The Torch last night, the policy became news after a NIU student posted a bizarre warning notice he reportedly received while trying to use NIU’s network to access the Wikipedia page for the Westboro Baptist Church (WBC). The warning tagged the page as “Illegal or Unethical” and informed the student that the page had been “recorded for review.” Most chillingly, the notice stated that unless the student was attempting to visit the page for “legitimate business purposes,” it was “highly probable that the access would violate the Northern Illinois Acceptable Use Policy.”

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• Northern Illinois U. Blocks Access to ‘Unethical’ Websites

  August 20, 2014

  Northern Illinois University (NIU) has enacted a stunningly restrictive network use policy and is enforcing it through a filter that blocks or tags websites based on content—including speech clearly protected by the First Amendment.

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• Liberty Requires Tough Choices: The Student Funding Dilemma

  July 31, 2013

  Kanisha Parthasarathy is a FIRE summer intern. Allocating money to student groups is a tricky game. For many colleges, the amount of money given to groups is not increasing at the same rate as the number of student groups vying for recognition and funding. Funding boards usually solve this problem by creating guidelines to determine how much money a student group gets. The problem arises when these rules are applied without viewpoint neutrality, a requirement for public colleges’ funding boards established by the Supreme Court in Rosenberger v. Rectors of the University of Virginia (1995) and Board of Regents of the […]

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• Victory for Freedom of Speech and Religious Liberty at Northern Illinois U; Political and Religious Organizations Finally Get Equal Treatment

  April 28, 2011

  DEKALB, Ill., April 28, 2011—After months of delay, Northern Illinois University (NIU) has finally given political and religious organizations access to student activity fee funding. In 2010, NIU’s Student Association brazenly flouted Supreme Court precedent by discriminating against all such groups, maintaining extensive double standards, and denying recognition to NIU Students for Sensible Drug Policy (SSDP) on two separate occasions. SSDP came to the Foundation for Individual Rights in Education (FIRE) for help. “FIRE commends Northern Illinois University for finally removing all justifications for viewpoint discrimination from its funding policy,” FIRE President Greg Lukianoff said. “It is now up to […]

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• Under Pressure from FIRE, Northern Illinois U. Finally Recognizes ‘Students for Sensible Drug Policy,’ But Double Standards and Other First Amendment Violations Persist

  December 10, 2010

  Today’s press release announces that Northern Illinois University (NIU) has finally given full recognition to NIU Students for Sensible Drug Policy (SSDP) after the Student Association Senate twice denied the group any recognition, which had prevented SSDP from meeting or posting flyers on campus. But Senate policy still denies funding to all “political” and “religious” student organizations. This arbitrary standard classifies Christian, Muslim, and Jewish organizations as “religious” and therefore ineligible for funding, while the campus Baha’i Club is funded as a “cultural” group. Similarly, groups such as Model United Nations are considered “political” while many “social justice” or “advocacy” […]

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• Take Action: Tell NIU to Meet Its First Amendment Obligations

  December 6, 2010

  Do you have something to say about the many violations of the First Amendment over at Northern Illinois University (NIU), as exposed in today’s press release? Use our Take Action page to give NIU President John G. Peters your opinion. We have offered some suggested language for you to consider. Here’s a letter from Kenyon College Professor Fred Baumann that you might choose to adapt for yourself. We liked it so much, we got his permission to share it with you: Dear President Peters: I see that your student Senate has some very strange rules about what student organizations can […]

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• Northern Illinois U. Kicks ‘Students for Sensible Drug Policy’ off Campus for Its Views; Campus Policy Attempts to Overrule 5 out of 5 Rights in the First Amendment

  December 6, 2010

  DEKALB, Ill., Dec. 6, 2010—Last night, the Northern Illinois University (NIU) Student Association Senate denied recognition for the second time to NIU Students for Sensible Drug Policy (SSDP). As a result, SSDP may not meet on campus, post flyers, or reapply for recognition for two years. The Senate also denies funding to all “political” and “religious” student organizations, including the Model United Nations, which it labels a “political” group. Meanwhile, groups dubbed “social justice” or “advocacy” groups—including student pro-life, pro-choice, antiwar, women’s rights, and victims’ rights groups—are eligible for funding. SSDP came to the Foundation for Individual Rights in Education […]

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• Greg Lukianoff on ‘The Vicki McKenna Show’

  December 6, 2010

  FIRE President Greg Lukianoff will appear this afternoon on The Vicki McKenna Show to discuss FIRE’s case at Northern Illinois University at 4:35 PM ET. Tune in to hear Greg on WISN in Milwaukee and WIBA in Madison. You also can listen live online.

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• Speech Code of the Month: Northern Illinois University

  August 5, 2009

  FIRE announces its Speech Code of the Month for August 2009: Northern Illinois University (NIU). In the NIU Student Code of Conduct, “harassment” is defined as the “Intentional and wrongful use of words, gestures and actions to annoy, alarm, abuse, embarrass, coerce, intimidate or threaten another person.” (Emphasis added.) NIU is a public university, which means it is legally obligated to protect its students’ First Amendment rights. Someone over at NIU clearly needs a First Amendment refresher course, because this policy fails miserably, prohibiting large swaths of constitutionally protected expression. While the university may legitimately prevent students from threatening and […]

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• University keeps free speech boxed in

  October 11, 2004

  For about 20 years, people who have wished to exercise their First Amendment right to free speech on campus have been confined to a small area off of the King Memorial Commons. Free speech – especially at a public university – should be unrestricted, as long as it doesn’t hinder the educational purpose for which the school was established. About 30 protesters met in the Martin Luther King Commons Thursday in hopes of abolishing the free-speech zone that NIU designated. In 1985, NIU and other universities across the nation chose a location on campus where students could meet and set […]

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