Free speech is consistently one of the most contentious issues on college and university campuses. The problem is that schools are committed to two simultaneous principles: honoring students’ First Amendment rights and ensuring that everyone feels “safe.” Ordinarily, these two principles shouldn’t contradict. After all, it’s not like the First Amendment protects physical violence.

Unfortunately, some schools, including Illinois State, get so invested in protecting students that they forget that old childhood saying. You know the one: “Sticks and stones can break my bones, but words can never hurt me.” When universities try to protect students from “words,” more often than not, they wind up trampling on some other students’ right to speak their minds.

If ISU has accused you of a disciplinary misconduct offense simply because it doesn’t like something you’ve said, it’s important you push back. The LLF National Law Firm can help. We support your free speech rights. More importantly, we’re committed to the idea that you deserve fair treatment. Our Student Defense Team can show you how to navigate ISU’s disciplinary misconduct system and make sure the university respects all of your rights.

To find out more about how we can help with your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.

How ISU Defines Free Speech

Like most colleges and universities these days, ISU maintains a Statement on Free Speech and Expression. That’s a good sign. And this statement includes some important affirmations. For instance, it notes that “free speech encourages the open exchange of ideas, stimulates debate, promotes creativity, and is essential to a rich learning environment.”

The thing is, points like these are buried beneath language about “mutual respect” and “diversity.” Nothing wrong with those ideas, but when they come up in a free speech statement, they’re almost always meant to undercut foundational notions of “freedom.” The message becomes something like, “We honor free speech unless it’s offensive,” and that isn’t free speech at all.

There’s no question that faculty and students have gotten that message loud and clear. Any time anyone feels uncomfortable, they’re encouraged to file a complaint. And while ISU should dismiss complaints like this, you can’t count on them to do that. Any time you’re accused of misconduct, it’s crucial that you have the LLF National Law Firm on your side. You can’t be sure the university will protect your rights. We will.

The ISU Code of Conduct

It doesn’t help matters that the ISU Code of Student Conduct includes a number of offenses that, when misread, can be used to justify punishing students for speaking their minds.

  • Threats and Intimidation: All schools—all communities—have rules barring physical violence and imminent threats. However, ISU specifically prohibits “threatening and intimidation.” When misinterpreted, this regulation can be used to punish students for stating their opinions too passionately.

  • Harassment: Here again, there are genuine reasons to curtail harassment on campus. In fact, federal law protects individuals from certain kinds of harassment, such as those having to do with protected characteristics like race and sex. However, no less an authority than the Supreme Court has ruled that such laws cannot be used to censor speech.

  • Disorderly Conduct: There are multiple offenses in the Code related to general “disorderly conduct.” The university can charge you for “indecency,” even though this term can be highly subjective. You can be charged for stating your opinion too loudly, and for “disrupting” normal campus activities.

You’ve got the LLF National Law Firm on your side, though. We’ve handled every conceivable type of misconduct charge. We know what qualifies as a strong defense and what makes for the most compelling evidence. And if ISU has only charged you as a way of keeping you quiet? We won’t let the university get away with denying your right to free speech.

The Illinois State Conduct Process

The good news is that ISU can’t simply charge you and punish you. Just as you would in the real world, you have important due process rights any time you’re accused of any offense. These include the right to a presumption of innocence.

  • Student Conduct and Community Responsibilities has authority over all Code of Conduct violations. Only this office can issue formal charges against you, and it should never do so just to silence you.

  • Student Conduct must issue you a notice of any charges. This notice should explain the allegations and include a list of your due process rights.

  • The university cannot proceed against you without evidence to support its charges. As part of any investigation, you have the right to give your side of the story. In addition, you are entitled to review any evidence investigators uncover in your case.

  • Further, you have the right to make the case for your innocence at a formal hearing. Because you are presumed innocent, your most important job is usually to challenge the university’s evidence. However, you also have the right to present your own evidence and to call witnesses to testify.

  • Responsibility (guilt) is based on the legal principle “preponderance of the evidence.” According to this standard, you are responsible for an offense only if it seems “more likely than not” that you committed that offense.

  • You have one more right: the right to appeal a hearing outcome. However, you must have grounds to do so, like a procedural error, new evidence to present, or a disproportionate sanction.

From start to finish, you can count on the LLF National Law Firm to help you defend yourself. We can work with you to collect evidence of your innocence, coach you in talking to investigators, draft your hearing presentation, and, if necessary, file an appeal on your behalf. We’re committed to getting you a fair hearing and the best possible resolution to your case.

What Can We Do for You?

If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try to handle the situation on your own. Your educational and professional futures are at stake.

The LLF National Law Firm’s Student Defense Team wants to protect your future and ensure you get justice. We are skilled negotiators, but make no mistake: we’re ready to fight for you any time you need us.

To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686. Or, fill out our online questionnaire.

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