On March 3, the Supreme Court declined to hear a challenge against Indiana University’s bias-response team, a decision that drew criticism from Justices Clarence Thomas and Samuel Alito.
The case, brought forward by the conservative group Speech First, argued that the university’s program suppresses free speech by allowing anonymous reporting of perceived bias incidents.
In the lawsuit, Speech First argued that Indiana University’s bias-response team “is designed solely to deter, discourage, and otherwise ‘prevent’ students from expressing disfavored views about the political and social issues of the day.”
Justice Thomas shared his dissent on the court’s decision, stating: “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.”
Indiana University’s bias-response team is designed to educate and support, without imposing disciplinary actions. However, critics contend that such programs can lead to self-censorship among students, fearing repercussions for expressing controversial opinions.
The lawsuit against Indiana University went onto add, “These students want to engage in speech covered by the University’s bias incidents policy, but they credibly fear that the expression of their deeply held views will be considered ‘biased,’ ‘marginalizing,’ ‘demeaning,’ ‘intimidating,’ and the like.”
Speech First has previously challenged similar programs in other states, resulting in settlements that ended such initiatives.
While universities implement bias-response teams to address concerns of discrimination and harassment, opponents argue that these programs may infringe upon First Amendment rights by discouraging open dialogue and the exchange of diverse viewpoints.
