Additional Information
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Incident Nature:
Lawsuit
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Incident Political Orientation:
Left wing -
Incident Responses:
Litigation
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Incident Status:
Dismissed
- Did not involve Speech Codes
Summary
Speech First Inc., a free speech advocacy group, has filed a lawsuit against Indiana University, alleging that the university’s bias incidents policy suppresses open discussion on campus. The suit, initiated on May 29, 2024, targets IU President Pamela Whitten, the Board of Trustees, and other officials, arguing that the policy is deliberately designed to deter students from expressing unpopular political and social views. Speech First contends that the policy is overly broad, vague, and punitive—posing a risk to free speech by potentially subjecting students to formal disciplinary actions for speech that is merely deemed “biased.” The lawsuit highlights the chilling effect on campus discourse, citing cases of anonymous students who fear that their comments could trigger unwarranted investigations and consequences, and criticizes IU for allegedly exhibiting hostility towards dissenting perspectives.
The Seventh Circuit held that BRTs (bias response teams) cannot be challenged in the court, as BRTs do not possess the authority to punish students. Therefore, the Court of Appeals affirmed the lower court’s decision to dismiss the claim. Speech First petitioned the Supreme Court to review the decision, but the petition is denied.
