The topic of free speech on IU’s campus has been recently debated with the university’s leadership as well as in statehouse legislation.
(FILE PHOTO: Sean Hogan / WTIU News)
The U.S. Supreme Court decided Monday not to hear a case that would prevent Indiana University from enforcing its bias incident reporting policies.
In the lawsuit, student advocate group Speech First claims IU violates the First and Fourteenth Amendments, because the university has a “vague” and “overbroad” bias incident reporting system.
IU offers anonymous bias incident reporting for “any conduct, speech, or expression, motivated in whole or in part by bias or prejudice meant to intimidate, demean, mock, degrade, marginalize, or threaten individuals or groups based on that individual or group's actual or perceived identities.”
The university’s Bias Response Team doesn’t formally investigate or discipline those involved in an incident. It logs and tracks incidents, and it may refer those involved to relevant support services or offices.
In the complaint, Speech First introduces five anonymous students with conservative viewpoints that feel they are not able to share their opinions in the classroom for fear of being reported.
The U.S. District Court of Southern Indiana ruled “[Speech First] has not shown that its members face a credible fear of discipline.”
Speech First appealed to the U.S. Seventh Circuit Court of Appeals, which agreed with the district court. It then requested the case be moved up to the Supreme Court for further review.
Speech First is a nationwide membership organization based in Washington D.C. The group has sued multiple universities for bias incident reporting systems. It has previously won cases in three U.S. district courts.
Justice Clarence Thomas wrote a dissent against the court not hearing the case. He said this division in opinions among lower courts should be settled. Additionally, the court said Justice Samuel Alito would hear the case.
“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 wrote.
WFIU/WTIU News reached out to both Speech First and IU for comment.
In the original press statement, Speech First Executive Director Cherise Trump said “students shouldn’t face disciplinary sanctions for simply expressing their views, asking questions, or challenging their peers’ assumptions.”
