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Published in The News-Gazette on March 26, 2025
OPINION: JIM DEY, staff writer for The News-Gazette
The wheels of justice grind slowly, but grind they do.
That's why a federal court of appeals in Chicago recently reinstated a freedom of speech lawsuit filed by a University of Illinois-Chicago law professor who was punished —actually, dragged through the mill — for offensive wording he did not include in a test question.
If that sounds confusing, that's because it is.
The bottom line, however, is that a three-judge appellate court reversed a trial judge's decision that UIC law officials were constitutionally immune from a lawsuit filed by veteran Professor Jason Kilborn.
This controversy has been pending since December 2020, when Kilborn posed a civil procedure test question that required students to examine issues in a case of alleged racial discrimination that included evidence concerning racial epithets.
Kilborn did not include the epithets in his question, instead using "expurgated" (b---- and n-----) slurs. Still, minority students in his class complained that they felt "harassed" and "unsafe" because of language in the test question.
That launched Kilborn on an odyssey of growing punishment in which he was suspended, his classes cancelled, a pay raise denied and attendance of lengthy sensitivity-training classes ordered.
This all came as a disappointing surprise to Kilborn, because he had used the same question in previous classes in previous years without incident.
But this time was different. To his critics, he could do no right. Even the Rev. Jesse Jackson Jr. joined public protests demanding his ouster.
Eventually tiring of the recriminations, Kilborn went to federal court to challenge what he called violations of his constitutional rights, including that of free speech.
Law school officials, however, adamantly defended their actions on the grounds that they were necessary to ensure students had a "safe and supportive environment."
The appellate justices upheld the trial judge's decision to dismiss some of Killborn's complaints, including one challenging his forced attendance in an eight-week diversity class "where he was compelled to express his commitment to the goals of the program."
They said law school officials might not have known their actions were oppressive, and, because of that, they enjoyed qualified immunity.
But it was a different story on the free speech/class question claim.
Noting public employees "do not relinquish" free speech privileges, the appeals court said Kilborn's right to address issues of public concern in the classroom and the importance of academic freedom give him standing to pursue his lawsuit.
They noted the courts repeatedly have found that academic freedom plays a "vital role" in our democracy. They also found that because Kilborn' swords were spoken in a classroom rather than in a bigger venue, it "does not detract" from their public importance.
"The exam question was designed to give students experience confronting a highly-charged situation that they may encounter in real-life practice," Justice Thomas Kirsch wrote in a 25-page opinion joined by Justices Ilana Rovner and David Hamilton.
This case, of course, is far from over.
The justice sent it back for further action to trial Judge Sara Ellis. Even if it goes to trial — it could be settled out of court — it will take a while.
Meanwhile, Kilborn is back in class teaching would-be lawyers. But he's been burned by a question that — out of the blue — was deemed controversial and a form of harassment, to the point that he has, in Kirsch's words, "refrained from teaching certain pedagogically relevant cases in his class."
Jim Dey is a staff writer for The News-Gazette. His email is jdey@ news-gazette.com.
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FOR IMMEDIATE RELEASE: August 7, 2026 Media Contact Information: Aunt Millie's Bakeries Melissa Koeneman, director of marketing (260) 417-2581 mkoeneman@auntmillies.com
John F. Popp, President of Aunt Millie’s Bakeries
FORT WAYNE, Indiana — Aunt Millie’s Bakeries is deeply saddened to announce the passing of its President John F. Popp, who died on Friday, July 31, at the age of 94. A third-generation member of the family business, John’s leadership, optimism, faith, and unwavering commitment to people helped shape the company and its culture for more than four decades. John Franke Popp was born March 2, 1932, to Lucile and Les Sr. Popp. He grew up with his older brother, Les Jr., on Forest Park Boulevard in Fort Wayne and graduated from Northside High School in 1950. He went on to attend the University of Michigan, graduating in 1954, and entered the U.S. Army that same year. He served as a second lieutenant before returning home following his military service. John was offered an opportunity to begin a career as an analyst with T. Rowe Price, but his path ultimately led him back to Fort Wayne and the family bakery. At his mother’s urging, he returned home to join the business — a decision that would shape not only his own life, but the future of generations of the Popp family and Aunt Millie’s employees. Long before his career in baking, John developed a love for Lake Wawasee and water skiing, eventually becoming the Indiana state slalom water ski champion. It was at the lake that he met Esther Rolene, the love of his life. They married on June 19, 1960, and spent the next decades building a life together, raising two sons and creating countless memories with family and friends. Even with the demands of running a growing company, John made time for what mattered most, including cheering his sons on from the sidelines at their baseball and football games.
John F. Popp and his wife, Esther Rolene Popp
In 1967, John stepped away from the family bakery to pursue a career in real estate, where he developed the subdivisions of Devil’s Hollow, Manitou, Lakewood, West Hamilton Estates, White Loon, and Winding Brook. In 1980, he returned to Perfection Bakeries, where he helped guide the company through a period of significant growth and expansion. The company that would become known as Aunt Millie’s grew under his leadership into one of the largest family-owned baking companies in the United States. John viewed the people around him as an important part of that success. He loved being part of the team and was known for his optimism, encouragement, and genuine care for employees. His leadership was not simply about growing a business; it was about building an organization where people could grow, contribute, and feel that they were part of something bigger than themselves. A third-generation leader of the family-owned bakery founded in 1901, John was deeply committed to protecting and building upon the legacy established by his grandfather, John B. Franke. His influence also reached beyond Aunt Millie’s. He was a passionate advocate for independent bakeries across the country, working with industry organizations to strengthen and protect family-owned businesses. He believed in the importance of education and workforce development and encouraged lifelong learning within the company while supporting the next generation of leaders in the baking industry. In recognition of his contributions to the baking industry, John was inducted into the Baking Hall of Fame by the American Society of Bakers and Engineers in 2021. He also served the state of Indiana after being appointed by Governor Mike Pence to serve on the Indiana Commission for Higher Education. While John’s professional accomplishments were many, those closest to him knew that his faith and family were at the center of his life. He cherished Bible Study Fellowship and worshiped at The Chapel and Wawasee Lakeside Chapel. He was quietly generous and found joy in serving others through organizations including the Euell Wilson Center, Women’s Care Center, and Ratio Christi. John enjoyed spring breaks in Florida, trips to Maine, his ’61 Corvette, and working on projects at the lake. He appreciated the simple pleasures of life, but most of all, he loved his family. His greatest legacy will not be measured solely by the company he helped build, but by the family he loved, the people he encouraged, the lives he touched, and the values he carried with him throughout his life. “John Popp believed that success was built on people,” said Rick Brown, Chief Customer Officer. “He cared deeply about our employees, our customers, our communities, and the generations of families who have made Aunt Millie’s a trusted name. His leadership was defined by humility, kindness, and an unwavering commitment to doing what was right.” John’s passing leaves a tremendous loss for the Popp family, the Aunt Millie’s family, and the many people and organizations whose lives he touched. While the company mourns his loss, Aunt Millie’s leadership team remains committed to carrying forward the mission, values, and legacy John championed throughout his life. Daily operations will continue uninterrupted as the company moves forward under its established leadership plan. The Popp family extends its heartfelt appreciation for the many expressions of sympathy and support received during this difficult time. Memorial service information will be shared at a later date. About Aunt Millie’s Bakeries Founded in 1901 in Fort Wayne, Indiana, Aunt Millie’s Bakeries is one of the largest family-owned bakeries in the Midwest, serving customers across six states with fresh bread, buns, rolls, bagels, and other baked goods. For more than a century, the company has remained committed to quality, innovation, and serving the communities it calls home.
FOR IMMEDIATE RELEASE: July 21, 2026 Media Contact Information: Michael Korman, highway commissioner North Township Road District (847) 728-7055 mike.korman@northfieldtownship.com
Northfield Township Road District’s Phase II project placed in Group 1, the top tier, of MWRD’s 2026 Stormwater Partnership Program; construction could begin as early as 2027
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