Defending Education Files Federal Lawsuit Challenging Missouri State University’s Unconstitutional “Bias Response” Policy

On Tuesday, April 21, 2026, Defending Education filed a federal lawsuit in U.S. District Court for the Western District of Missouri against Missouri State University and various university officials on behalf of itself and certain DE student members. In its lawsuit, DE challenges the University’s unconstitutional “bias response” policy, which violates our nation’s guarantees of freedom of speech and expression. 

College campuses should serve as the “marketplace of ideas,” where all perspectives are welcomed in the quest for knowledge, truth, and understanding. But at Missouri State University, officials have enacted a far-reaching policy designed to deter, discourage, and otherwise prevent students from expressing disfavored views about the political and social issues of the day.

The University defines bias as: “language or behaviors that demonstrate bias against persons or groups because of ability, race, color, gender identity, ethnicity, religion, faith, national origin, political orientation, or sexual orientation in which the perpetrator(s) cannot be identified and/or the acts of bias do not rise to the level of discrimination or harassment for purposes of Title IX.” These vaguely described “bias incidents” can occur on or off campus, including on social media, subjecting students to the University’s speech policing no matter where they are. The University also keeps records of reported incidents to “monitor” and “track” bias trends. 

Students accused of “bias incidents” are reported to a “Bias Response Team” led by senior University administrators. That team can call reported students in for meetings, “educate” them about why the University believes their speech was wrong, and even refer them to other University offices authorized to discipline them. That kind of reporting system shuts down open discourse by creating a chilling effect. When students fear being reported, “re-educated,” or disciplined, they start to self-censor. That’s the kind of free speech suppression that our organization exists to prevent. 

Missouri State University’s vague, overbroad, and viewpoint-based definition of “bias” violates the First and Fourteenth Amendments to the U.S. Constitution. We look forward to the day when not only are our own members’ rights vindicated in federal court, but when all college students, of every perspective and belief, can express themselves without fear of being censored or punished.