Friends and colleagues:
Please respond by signing onto the petition; please forward and circulate. This case has broad ramifications for freedom of expression on the part of faculty across the country.
THIS IS an urgent appeal for your support to defend Professor Loretta Capeheart in her struggle with her employer, Northeastern Illinois University (NEIU) in Chicago. After four years of legal action, we are now awaiting a key decision from the 7th U.S. Circuit Court of Appeals–a decision that could set a precedent for free speech rights on campus and possibly move the case on the U.S. Supreme Court.
The Foundation for Individual Rights in Education (FIRE) wrote, “If upheld on review, the district court’s ruling would deal a major blow to professors’ academic freedom and free speech in the Seventh Circuit–and quite likely beyond, as it would send the unmistakable message that faculty members aiming to speak out and be active in campus dialogue risk having their careers damaged.”
Capeheart is a 10-year tenured professor at NEIU and a respected union and community activist. NEIU administrators have systematically targeted her for years. Administrators have engaged in slander against her, denied her a department chair position and earned merit pay increases. These attacks resulted from Capeheart’s union activities and anti-war work and her attempts to promote the rights of students and faculty, especially Latino/a faculty.
NEIU President Sharon K. Hahs is an arrogant opponent of student, worker and minority rights on campus and has presided over a spectacle of administrative scandal during her tenure.
In Capeheart v. Hahs et al, a federal judge concluded that Capeheart could be punished for speaking out against the war because she advised a student club. The court agreed with NEIU’s lawyers that academics have no right to free speech under the Supreme Court’s 2006 decision Garcetti v. Ceballos.
In Garcetti, the Supreme Court stripped most government workers of their rights to speak in the workplace but made a footnoted exception for professors. In deciding against Capeheart, the lower court effectively ignored this footnote and left workers with fewer rights.
Other federal courts have similarly misapplied Garcetti. Now the appeal before the 7th Circuit Court of appeals will either reject the new limits set by the lower courts or further establish them. Either way, this decision could lead to another hearing before the Supreme Court.
Visit the Justice for Loretta Capeheart website for updates on the case. Post a link to the website on Facebook and Twitter, and send it to your friends and coworkers. Sign the petition calling for justice for Loretta.
Send e-mails, phone calls and letters to NEIU President Sharon K. Hahs, S-Hahs@neiu.edu, 773-442-5400 and President Sharon K. Hahs, 5500 N. St. Louis Avenue, Chicago, IL 60625.
Support the campaign financially. You can make a donation to the legal fund via Paypal at the Justice for Loretta Capeheart website, or by sending a check to Thomas D. Rosenwein, Glickman, Flesch & Rosenwein, 230 W. Monroe St., Suite 800, Chicago, IL 60606, Memo: Loretta Capeheart Defense.
Show your solidarity by passing resolutions in your union, your faculty senate or other organization through which you can gain support. Send messages of support to firstname.lastname@example.org.
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Noam Chomsky, Institute professor (emeritus), MIT
Michael Ratner, President, Center for Constitutional Rights*
Jesse Sharkey, Vice President, Chicago Teachers Union*
Dave Zirin, Sports Editor, The Nation
Ahmed Shawki, Editor, International Socialist Review
Anthony Arnove, Editor, Haymarket Books
Scott McLemee, Inside Higher Ed*
David McNally, Professor of Political Science, York University, Toronto
The Coalition Against Corporate Higher Education (CACHE)
Mike Davis, Professor, UC Riverside
William Keach, Professor, Brown University
Deepa Kumar, Associate Professor, Rutgers University
Hector R. Reyes, Associate Professor, Harold Washington College, Vice Chair, HWC Chapter, AFT Local 1600
Helen C. Scott, Associate Professor, University of Vermont
Marvin Surkin, Professor, Long Island University, Ramapo College
Pranav Jani, Associate Professor, English, Ohio State University
*Organizations listed for identification only