The Supreme Court has declined to hear a lawsuit alleging that conservative college students' right to free speech is being violated by their school's bias response team program, which encourages reporting incidents of bias. While being the subject of a report doesn't get students in trouble, students claim they still feel they cannot speak freely without fear of retribution from other students and school officials.

If your comments on campus have caught the attention of your college or university, the Lento Law Firm can help. Our Student Defense Team will ensure your rights and education are protected. Call us today at 888-535-3868 or contact us online.

What are Bias Response Teams?

Bias Response Teams are professionals at colleges and universities who respond to incidents of discrimination or bias on campus. They work by instructing students who experience or witness a "bias incident" to report it to the school.

But what exactly counts as a "bias incident"? Indiana University, the school subject in the present litigation, defines a bias incident as “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.”

What is the Lawsuit About?

The lawsuit asked the Supreme Court to address whether BRTs chill students' Constitutional right to free speech. It was filed on behalf of politically conservative students who fear expressing their controversial opinions. The lawsuit argues that students are censored, violating their right to free speech, for fear of being reported for a biased incident.

This isn't the first case of its kind - University of Illinois at Urbana-Champaign was sued on the same basis. In that case, the U.S. Court of Appeals for the 7th Circuit ruled that the university students didn't have a legal right to sue because the university's BRT didn't have the power to formally punish students. BRTs can't take disciplinary action against students. This means there are no formal investigations, hearings, or permanent records.

How Does this Lawsuit and My School's Bias Response Team Impact Me?

The Supreme Court's decision to refrain from hearing the case means there is still ambiguity about where schools can draw the line between free speech and bias incidents. While BRTs don't take formal disciplinary action, schools also have anti-bullying, hate speech, harassment, and other policies that might overlap, and students can face disciplinary action under those policies.

Schools are being pulled in many different directions and are struggling to appease students, donors, and politicians simultaneously. Schools may feel pressure to handle some incidents of free speech differently than others. The lack of uniform enforcement and unclear speech boundaries can leave students unsure of what they are allowed to say and what could threaten their academic careers.

If You're in Trouble for Exercising Your Right to Free Speech, the Lento Law Firm Can Help

If you're facing a code of conduct violation or have been reported to your school's BRT, the Lento Law Firm is here to help. Whether you need advice on going into a BRT meeting or want to sue your school, our Student Defense Team is here for you. You can't let national confusion over free speech on campus threaten your academic career and professional future. Don't let your school trample on your rights; call our Student Defense Team today at 888-535-3868 or contact us online.