Supreme Court Declines to Hear Challenge to Campus Bias Response Teams; Thomas and Alito Dissent
The U.S. Supreme Court on Monday declined to take up a case challenging the constitutionality of college bias response teams, leaving the issue unresolved at the national level.
The lawsuit, brought by student advocacy group Speech First, targeted Indiana University’s use of bias response teams—campus groups that encourage anonymous reporting of perceived bias and can impose disciplinary actions. Speech First argued these teams chill free expression and infringe on students’ First Amendment rights.
Although the Court dismissed the case, Justices Clarence Thomas and Samuel Alito issued a sharp dissent, warning that such teams are widespread and pose serious constitutional concerns. They argued that students’ free speech protections now vary by jurisdiction, creating a troubling “patchwork” of rights across the country.
Speech First had hoped the Court would use the Indiana case to clarify whether universities can use these teams to subtly discourage controversial speech without explicitly banning it.