[Peace-discuss] U of I ethics says employees cannot wearpoliticalbuttons

[Randall Cotton]

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The Daily Illini



Questions surround UI policy

By: Sarah Small

Posted: 9/26/08



Professors are saying their First Amendment rights are being violated
after a newsletter outlining the University political ethics policy sent
last week from the University stated acceptable and unacceptable political
activity as the election approaches.



Cary Nelson, a professor of English at the University and president of the
American Association of University Professors, sent a memo to 5,000
employees at the University expressing his displeasure with the
newsletter.



The University ethics policy states that University employees, while in a
job-related context, cannot show political preference to candidates or
political parties by participating in activities such as attending
rallies, wearing T-shirts or buttons and registering voters at
party-specific booths.



In his memo, Nelson wrote, "The Ethics Office has failed to recognize and
accurately define both the special context of a university and the role of
its faculty members."



Nelson said the graduate students who also work as teaching assistants are
in a difficult position.



They are technically considered University employees, but at the same time
they have the role of students on campus.



"The ironic thing is that the University spent 15 years fighting a grad
student union, claiming they were not employees," Nelson said. "Saying
this is hypocritical is modest."



Tom Hardy, University spokesman, said that the newsletter was not stating
University policy, but rather it was reiterating for employees the State
Officials and Employers Ethics Act which provides a code for ethical
conduct for state employees while on the job.



"You become an employee and all the sudden the employer can regulate your
freedom of speech in any way job-related," said Steven Helle, journalism
law professor at the University and First Amendment attorney, referring to
the University's policy.



Helle said that if the case were taken to the courts it could probably
fall under the realm of the First Amendment right to assemble or the right
to express grievances.



A past California court precedent, however, has allowed public employers
"more latitude" in restricting the speech of public employees, Helle said.



"Putting the arm on employees for political contributions is one thing,
but this strikes me as too far," Nelson said.



Hardy said newsletter did not intend to restrict political activity on
campus, it was to make faculty aware that they must be in accordance with
state policy as well.



"Faculty should exercise common sense, and it is unlikely that anyone will
get busted for anything," Hardy said.



Helle said he considers the University policy very broad, and it is
unclear what it means by restricting political preference.



"At some point, professor preferences come through to students," Helle
said.



"Why just political preference, why not religious? I don't know, at some
point students need to realize they're dealing with human beings."