Speech First, Inc. v. Whitten

Background

A national free-speech group sued Indiana University to stop the school’s “bias response” program. The group says the program encourages students to report perceived bias, allows anonymous online reports, logs complaints, and can refer reports to other campus offices that have disciplinary power. Five students who hold unpopular views on campus say they now self-censor because they fear being reported and facing consequences.

Reasoning

The question before the Justices was whether those reporting systems and referral powers make students reasonably afraid to speak and therefore able to bring a legal challenge. The lower courts relied on a Seventh Circuit precedent that found similar programs did not create a sufficient chilling effect to let the case proceed. The Supreme Court declined to take the case. Justice Thomas dissented from that refusal and argued the Court should have granted review to resolve a split among appeals courts about whether bias response teams objectively chill student speech.

Real world impact

Because the Court refused review, the Seventh Circuit’s approach remains in place for that region, and students’ ability to challenge bias response programs will vary by circuit. Justice Thomas warned that features such as broad reporting definitions, anonymous reporting, and referral power can chill speech and that the split among appeals courts should be resolved.

Dissents or concurrances

Justice Thomas would have granted review, saying the Court needs to settle the disagreement among appeals courts and clarify students’ rights to challenge such campus policies.