Supreme Court Declines to Weigh in on Free Speech on College Campuses
Washington, D.C. – The U.S. Supreme Court on Monday refused to take up a case that could have shaped the ongoing debate over free speech on college campuses. The decision leaves in place controversial university policies that some argue restrict students from expressing opinions that may be deemed offensive or unpopular.
The dispute centered on Indiana University’s Bias Response Team, a program designed to address bias-related incidents. According to Speech First, these programs stifle free speech on college campuses by creating a culture where students hesitate to voice controversial viewpoints.
Under Indiana University’s policy, students and faculty can file complaints about incidents that involve bias or prejudice. The university 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.”
Speech First cited multiple instances where students were reported for expressing opinions on politically sensitive topics. This included a case where a student criticized China in the presence of a Chinese student, another instance involving social media posts labeled as “hate speech,” and a situation where a student commented on a male classmate wearing lipstick. According to Speech First, such policies create an “invisible speech code” that discourages students from engaging in open discussions about issues like immigration, gender identity, and political ideology.
In their dissenting opinion, the two justices highlighted a “patchwork of First Amendment rights” on campuses, where some lower courts uphold free speech protections while others allow universities to maintain their bias response policies. They emphasized the need for the Supreme Court to establish clear legal guidance on how universities should balance free expression and inclusivity.
This is not the first time the court has avoided ruling on the issue. Last year, it declined to review a similar case involving Virginia Tech’s Bias Response Team, which had already been disbanded by the time the case reached the high court. Despite this, Justices Thomas and Alito said they still would have taken up the case, as they believe it presents a high-stakes issue for the future of free speech on college campuses.
They clarified that in most cases, reports do not even identify an alleged offender. When they do, the university’s Bias Response Team may reach out to the individual and offer an optional meeting to discuss the concern. If a student declines or does not respond, no further action is taken.
Furthermore, even if a student agrees to meet with a university official, they are not required to alter their speech or behavior. The university has emphasized that these discussions are voluntary and non-punitive.
The debate over free speech on college campuses has intensified in recent years, especially as universities emphasize diversity and inclusion initiatives. Many conservative groups argue that these policies have become a means of enforcing liberal ideology and censoring viewpoints that challenge mainstream narratives.
On the other hand, universities and student advocacy groups argue that bias response programs play a crucial role in maintaining safe and inclusive learning environments. They contend that addressing bias-related incidents helps prevent discrimination and harassment, creating a more welcoming atmosphere for students of all backgrounds.
The issue of campus free speech has become especially heated in the wake of global political events, such as the Israel-Hamas war. Many universities have struggled to balance protecting free speech while also addressing rising antisemitism, Islamophobia, and other forms of hate speech. College presidents have faced increasing pressure from lawmakers, advocacy groups, and students to take clear stances on what constitutes acceptable discourse.
Additionally, numerous high-profile incidents have fueled concerns about censorship in higher education. Conservative speakers have been disinvited from university events, students have faced backlash for expressing unpopular political opinions, and social media monitoring has led to administrative actions against students and faculty members alike.
With the Supreme Court’s refusal to take up the case, the future of free speech on college campuses remains uncertain. While Speech First and other advocacy groups will likely continue challenging bias response programs, the absence of a definitive ruling leaves room for varying interpretations across different universities and jurisdictions.
For now, students will continue to navigate the complex landscape of campus speech policies, weighing their right to express controversial opinions against the potential social or institutional repercussions of doing so. Meanwhile, universities must determine how to uphold free expression while fostering an inclusive and respectful academic environment.
The debate over free speech in higher education is far from over, and as more cases emerge, it remains to be seen whether the Supreme Court will eventually step in to set a national precedent. Until then, students, educators, and policymakers will continue to wrestle with the delicate balance between First Amendment protections and the goal of creating diverse, inclusive learning spaces.
