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CRUE v. AIKEN

No. 02-3627, 03-2281, 03-2951.

370 F.3d 668 (2004)

Cydney A. CRUE, John M. McKinn, Debbie A. Reese, Brenda M. Farnell, Frederick E. Hoxie, Stephen Kaufman, and Philip W. Phillips, Plaintiffs-Appellees, v. Michael AIKEN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 2004.

Attorney(s) appearing for the Case

Harvey M. Grossman (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Plaintiff-Appellee.

Timothy S. Bishop (argued), Nicola Jackson, Mayer, Brown, Rowe & Man, Chicago, IL, Michael R. Cornyn, Thomas, Mamer & Haughey, Champaign, IL, for Defendant-Appellant.

Ann D. Springer, American Association of University Professors, Washington, D.C., for Amicus Curiae, American Association of University Professors.

Matthew W. Finkin, University of Illinois College of Law, Champaign, IL, for Amicus Curiae, University of Illinios.

Before BAUER, MANION, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

This case, raising First Amendment issues involving the University of Illinois, concerns "Chief Illiniwek," who, depending on one's point of view, is either a mascot or a symbol of the university. More on this distinction later but first, before getting to the issue at hand, we detour for a brief look at college nicknames and their embodiment as mascots.

In the Seventh Circuit, some...

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