Update: In June 2023, the Supreme Court sided with Students for Fair Admissions, overturning affirmative action. Read the full update here.
In May 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed an amicus (“friend of the court”) brief with the U.S. Supreme Court supporting Students for Fair Admissions in its cases against Harvard and the University of North Carolina. Speech First asked the Court to overrule Grutter v. Bollinger (2003), which allowed colleges to consider race in admissions to achieve a diverse student body.
The brief argued:
- The diversity rationale conflicts with the First Amendment. The Court accepted race-based admissions partly on the theory that a diverse student body promotes a “robust exchange of ideas.” Speech First argued that this reasoning actually clashes with basic free speech principles.
- Campuses suppress speech in the name of “diversity.” Instead of encouraging debate, universities pressure students and faculty to conform to accepted views, especially on race. Survey data show students censor themselves rather than disagree, and a growing number are willing to help silence others.
Read the full brief below:
