Blacksburg, Virginia – The Supreme Court declined to review a discontinued program at Virginia Tech that permitted students to secretly report claims of biased behavior, sparking disappointment among two of the most conservative justices. The university dismantled the program in early 2023 following the departure of its creator, rendering the case moot and annulling a lower court’s ruling that upheld the program’s constitutionality. Despite the discontinuation of the program, debate continues to swirl in circuit courts nationwide over similar bias-reporting initiatives in various educational institutions.
Justice Clarence Thomas expressed his dissent, emphasizing the significance of the issue for the nation’s higher education system. The case, one of nine initiated by Speech First, a conservative advocacy group, challenges university bias-reporting policies on behalf of silenced conservative students. The organization has garnered support from influential groups such as Alliance Defending Freedom, a prominent Christian legal organization.
Virginia Tech’s “Bias Intervention and Response Team” was established in 2018 to streamline the reporting process for bias-related complaints. While the team lacked authority to impose discipline, it could refer criminal allegations to the police and violations of school policies to appropriate administrators. Despite its limitations, Speech First contended that the policy stifled conservative voices on campus, leading to fears of expressing views contrary to prevailing norms.
The U.S. Court of Appeals for the 4th Circuit ruled last year that Speech First lacked standing to challenge the policy, sparking contrasting opinions on the role of universities in promoting civility and free speech. While some view bias-reporting teams as a mechanism to navigate legal obligations, critics argue that they create an atmosphere of uncertainty that silences students.
Brian Soucek, a law professor, highlighted the delicate balance universities face in upholding free speech rights while curbing racially or sexually hostile environments. Despite several successful challenges to anti-discrimination policies in appellate courts, concerns linger over the potential chilling effect of bias-reporting initiatives on campus discourse.
Justice Ketanji Brown Jackson, a liberal Supreme Court member, also dissented, arguing against the decision to declare the case moot. In response, Speech First vowed to continue defending free speech rights on campuses nationwide. As the debate on the boundaries of free speech in academic settings rages on, the implications of bias-reporting programs remain a point of contention among various stakeholders.