D.R. DEKALB, LLC and AUTUMN CREEK MANAGEMENT SERVICES, INC., Claimant, v. STATE OF ILLINOIS, BOARD OF TRUSTEES, NORTHERN ILLINOIS UNIVERSITY, Respondent.
Case summary
Claimants sued for defamation after a student newspaper article damaged their reputation. The court dismissed the claim with prejudice, holding that the State is immune under the College Campus Press Act because the article was student expression in campus media.
Statutes cited: 110 ILCS 13/35; 110 ILCS 13/5; 110 ILCS 13/25
Cases cited: Rochon v. Rodriquez, 293 Ill. App. 3d 952, 689 N.E. 2d 288 (1st Dist. 1997); Longfellow by Longfellow v. Corey, 286 Ill. App. 3d 366, 675 N.E. 2d 1386 (4th Dist. 1997); Smith v. St. Therese Hospital, 87 Ill. App. 3d 782, 410 N.E. 2d 219 (2nd Dist. 1980)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Immunity- College Campus Press Act gives immunity from liability arising from expressions published in campus media. The content of the article published in The Northern Star is immaterial. The Northern Star is a "Campus Media" and the article was an expression of a student reporter. Respondent is immune from Complaint's claim of defamation.
ORDER
Storino, J.
This cause comes before the Court on Respondent's Motion to Dismiss pursuant to
Section 2-619(a)(9) of the Illinois Code of Civil Procedure, the Court having reviewed the court
file, and the Court being fully advised:
The Court finds as follows:
The State of Illinois filed a Motion to Dismiss claiming that the existence of an
affirmative matter defeats Claimants' allegations.
Claimants filed a four count Complaint against Respondents for defamation per se and
defamation per quod alleging that a defamatory article published by Northern Illinois' The
Northern Star caused damages to their reputation and their ability to rent apartments.
In Illinois, a motion for involuntary dismissal under Section 2-619 of the Code of Civil
Procedure should only be granted in those cases in which there are no material facts in dispute
and respondent is entitled to dismissal as a matter of law. Rochon v. Rodriquez, 293 Ill. App. 3d [*292]
952, 689 N.E. 2d 288 (1st Dist. 1997). A motion to dismiss under Section 2-619 views all
allegations contained in the complaint in the light most favorable to the plaintiff and should only
be granted if no set of facts can be proved which would entitle plaintiff to recover. Longfellow
by Longfellow v. Corey, 286 Ill. App. 3d 366, 675 N.E. 2d 1386 (4th Dist. 1997). The main
purpose of Section 2-619 is to provide means of disposing of issues of law or easily proved
issues of fact. Smith v. St. Therese Hospital, 87 Ill. App. 3d 782, 410 N.E. 2d 219 (2nd Dist.
1980).
It is well established that the College Campus Press Act (the "Act") provides that the
State of Illinois is immune from liability arising from expression published in campus media.
The Act provides, in pertinent part:
"Immunity. A State-sponsored institution of higher learning shall be immune from any
lawsuit arising from expression actually made in campus media, with the exception of
the institution's own expression." 110 ILCS 13/35 (West 2011).
The Act defines "Campus Media" as follows:
"Campus Media means any matter that is prepared, substantially written, published, or
broadcast by students at State-sponsored institutions of higher learning, that is distributed
or generally made available, either free of charge or for a fee, to members of the student
body, and that is prepared under the direction of a student media adviser. Campus media
does not include media that is intended for distribution or transmission solely in the
classrooms in which it is produced." 110 ILCS 13/5 (West 2011).
In addition, the Act clearly defines Northern Illinois University as a "State-sponsored institution
of higher learning." 110 ILCS 13/5 (West 2011).
For the purposes of Respondent's Motion to Dismiss and this Court's Order, the content of the article published in The Northern Star is immaterial. The key issues are whether The Northern Star is "Campus Media" under the Act, and whether the article was an expression of Respondents. The pleadings and affidavits clearly indicate that The Northern Star is prepared, substantially written, and published by NIU students, and as such is the very definition of [*293] "Campus Media" under the Act. In addition, Claimants admit that the article at issue was written by a student reporter.
Furthermore, Section 13/25 of the Act states as follows:
"Campus policy and speech distinguished. Expression made by a collegiate student
journalist, collegiate student editor, or other contributor in campus media is neither an
expression of campus policy nor speech attributable to a State-sponsored institution of
higher learning."
As the article was written by a student journalist in campus media, it is as a matter of law neither an expression of campus policy nor speech attributable to Respondents. As a result, Claimants' Complaint against the State of Illinois must be dismissed on the basis of immunity.
This Court deems it unnecessary to rule upon the State of Illinois' additional argument for dismissal.
IT IS HEREBY ORDERED THAT:
1. The State of Illinois' Motion to Dismiss is granted.
2. That this case is dismissed with prejudice.