The 1988 suspension of the NIU chapter of Sigma Chi might have violated the fraternity’s First Amendment rights.

NIU’s Sigma Chi chapter received a one-year suspension in November of 1988 when five members performed a skit in “blackface” at the Jungle, 1027 Hillcrest Drive. The men lip-synched to the song “My Girl” by the Temptations.

Last spring, the George Mason University Sigma Chi chapter in Fairfax, Va., received a two-year suspension when sponsoring an “ugly woman contest” in which a member appeared in blackface.

That suspension was overturned last week when U.S. District Judge Claude M. Hilton ruled that the actions of the fraternity are protected by the First Amendment.

John Singsank, president of GMU Sigma Chi during the spring semester, said Kenneth Bumgarner, associate vice president and dean of Student Services at GMU, made the decision to put sanctions on the fraternity following the opinions of minority students.

The fraternity sued for release of the sanctions after being contacted by several lawyers interested in taking the case, Singsank said.

“Being near Washington, D.C., helped us because there are so many lawyers here,” Singsank said.

NIU Judicial Officer Larry Bolles said although the GMU and NIU skits were similar, the NIU performance was more offensive.

“I don’t know which way a court would have ruled,” Bolles said. “It was never a question of whether it was legal. We had community standards to uphold.”