Speech First v. Sands, et al.

April 8, 2021 in Free Speech, University Governance & Reform at Virginia Tech (VA)

Case Details

Case Status

Settled

Location

Virginia

Date Filed

April 8th, 2021

On April 8, 2021, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued Virginia Tech and its officials in federal court. The lawsuit challenged four policies:

  • A discriminatory-harassment policy, under which students could be disciplined for “unwelcome jokes,” or even for being present when such jokes were made and failing to report them.
  • A bias-related incidents policy and Bias Response program, which encouraged students to report each other while guessing at the “bias” behind their peers’ opinions.
  • A computer policy that barred sending “partisan, political” emails over the university’s network.
  • A flyering policy that required students to get the school’s approval before handing out flyers on campus.

The lower courts refused to block the bias policy, and Speech First asked the U.S. Supreme Court to hear the case. More than twenty groups, including Parents Defending Education, filed amicus briefs in support. After defending its Bias Response Team for almost two years, Virginia Tech removed the policy and argued the case was now moot. In March 2024, the Supreme Court sent the case back with instructions to dismiss the bias claims as moot. Justice Clarence Thomas dissented. Speech First and Virginia Tech then reached a settlement in April 2024.

“Virginia Tech and its administrators have silenced, intimidated, and suppressed students’ speech for years with these policies. Our student members actively censor what they say, hide their views on social or political issues, and avoid speaking up in the classroom because they know they can be reported by their peers to the University’s Bias Incident Response Team. Open discourse and inquiry should be a staple at universities; it shouldn’t be monitored for bias and ‘intervened’ against by university administrators. Virginia Tech’s goal of ‘eliminating’ speech it disagrees with does not supersede the First Amendment.”

Cherise Trump, Executive Director, Speech First

Read the initial complaint below:

VTComplaintApril7Download

Latest Lawsuit Updates

Speech First v. Sands, et al.; Settlement Agreement

On April 9, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, settled its remaining claims against Virginia Tech. Under the agreement, the university will not reinstate the challenged versions of its computer policy and its ban on using the network “for partisan political purposes,” and […]

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September 18, 2023, Lawsuit: Speech First v. Sands, et al.

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January 10, 2022, Lawsuit: Speech First v. Sands, et al.

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July 5, 2021, Lawsuit: Speech First v. Sands, et al.

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June 11, 2021, Lawsuit: Speech First v. Sands, et al.

Speech First v. Sands, et al.; Virginia Tech Preliminary Injunction Filing

On April 12, 2021, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, asked the U.S. District Court for the Western District of Virginia to block four Virginia Tech policies while its lawsuit goes on. Speech First argued that the discriminatory-harassment, computer, and bias-related incidents policies are […]

April 12, 2021, Lawsuit: Speech First v. Sands, et al.

Speech First v. Sands, et al.; Press Release for Speech First Complaint Against Virginia Tech

On April 8, 2021, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced its lawsuit against Virginia Polytechnic Institute and State University (Virginia Tech) in the U.S. District Court for the Western District of Virginia. The press release explains that the suit challenges four policies: a […]

April 8, 2021, Lawsuit: Speech First v. Sands, et al.

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