The Supreme Court on Monday declined to hear a challenge to university “bias response teams” that conservatives say go against free speech by silencing their viewpoints.
But Justices Samuel Alito and Clarence Thomas indicated they would have granted a hearing on the lawsuit brought by the Indiana University students.
“I would grant the petition. It raises an important question affecting universities nationwide; Speech First estimates that over 450 universities have similar bias-reporting schemes,” Justice Thomas wrote in his dissent. Justice Alito agreed and said that the case should be on the court’s docket.
The students argue that the bias-response team targets conservative speech by enabling anonymous reports of what are deemed “offensive” remarks.
The students are represented by the free speech advocacy group Speech First. The group points to threats of discipline against conservatives who held differing opinions on “gender identity, immigration, affirmative action, and the Israel-Palestine conflict. They sued Indiana University for forcing students to self-censor out of fear of retribution. However, the university claims that the bias response teams aren’t meant for punishment, but for education and support.
“Given the number of schools with bias response teams, this court eventually will need to resolve the split over a student’s right to challenge such programs. The court’s refusal to intervene now leaves students subject to a ‘patchwork of First Amendment rights,’ with a student’s ability to challenge his university’s bias response policies varying depending on accidents of geography,” Thomas continued. “Because one of our 'primary functions is to resolve ‘important matter[s]’ on which the courts of appeals are ‘in conflict,’ we should not let this confusion persist.”
The Court did not provide an explanation for declining Speech First’s case.
Join the conversation as a VIP Member