Repository: UIHistories Project: Board of Trustees Minutes - 1970 [PAGE 562]

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562

BOARD OF TRUSTEES

[ J u ' y 23

REPEAL OF SECTION 2 1 ( E ) OF THE GENERAL RULES (21) Following the issuance of a Federal Court injunction related to speakers on our campuses, the attached October 9, 1968, memorandum was transmitted to the Chancellors. Section 21(e) of the General Rules Concerning University Organisation and Procedures restricts the use of University premises and facilities for political purposes. Recent court decisions suggest that the validity of some of the restrictions could be questioned. In any event, most approved political activities on campus involve the presentation of speakers and it seems inappropriate to impose greater restrictions on the availability of campus facilities to political speakers than those applicable to visiting speakers generally. Accordingly, I recommend that the Board of Trustees repeal the provisions of Paragraph (e) in Section 21 of the General Rules. Such action would place all visiting speakers on the same basis, and would also be consistent with the national trend towards increased interest on the part of university communities in political matters. T h e other provisions of Section 21 of the General Rules, as implemented by the attached October 9, 1968, memorandum, should adequately protect against abuses.

On motion of Mr. Clement, this recommendation was approved.

REPEAL OF SECTION 26(L) OF THE GENERAL RULES

(22) Section 26(1) of the General Rules Concerning University Organization and Procedures requires every person employed by the University to execute and file an affidavit (commonly referred to as a "loyalty oath") in the same form as the one required of all state employees paid from appropriated funds by Section 166(b) of Chapter 127 of the Illinois Revised Statutes. On June 13, 1969, a Federal District Court in Chicago found the statutory requirement for the loyalty oath to be unconstitutional, and enjoined the University and others from enforcing the same in a specific case. Thereafter, on July 11, 1969, the Supreme Court of Illinois decided a case involving the validity of legislation authorizing a constitutional convention and held a requirement for a similar oath from delegates to violate the Federal Constitution, citing the June 13 Federal District Court case as authority. In the light of these decisions, the University Counsel has advised it is improper for the University to continue to require the affidavit from its employees since the University's action would be regarded as state action. The Attorney General has also taken the position that state employees, including University employees compensated from appropriated funds, may not be required to sign the affidavit in question. Accordingly, I recommend that the Board of Trustees repeal the provisions of paragraph (1) in Section 26 of the General Rules. (See copy of affidavit below.) Sec. 26(1) Every person employed by the University shall execute and file with the University the following Employee Affidavit: United States of America) State of Illinois j I, , do swear (or affirm) that I am not a member of nor affiliated with the communist party and that I am not knowingly a member of nor knowingly affiliated with any organization which advocates the overthrow or destruction of the Constitutional form of the government of the United States or of the State of Illinois, by force, violence or other unlawful means. (Signed) Subscribed and sworn to (or affirmed) before me, this day of ,19. Notary Public

On motion of Mr. Hahn, this recommendation was approved.

APPROPRIATIONS FOR NONRECURRING EXPENDITURES (23) The Executive Vice President and Provost and the Vice President and Comptroller recommend the following appropriation from t h e :