Speech First v. Shrum, et al.

Case Details

Case Status

Settled

Location

Oklahoma

Date Filed

January 10th, 2023

On January 10, 2023, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued Oklahoma State University (OSU) and its officials in federal court. The lawsuit challenged OSU’s Bias Response Team, which asked students to anonymously report one another for “bias,” its harassment policy, and its computer policy, which barred students from sending emails about politics.

The district court dismissed the case because Speech First would not reveal the names of its student members. Speech First appealed, and the Tenth Circuit Court of Appeals agreed that the students’ concerns about protecting their identities were valid.

Soon after, on April 15, 2024, OSU settled. Under the settlement, OSU must:

  • End and disband its Bias Response Team.
  • End its harassment policy that targeted constitutionally protected speech, and let Speech First rewrite it to include the Supreme Court’s Davis standard, an important speech protection for students.
  • Change its computer policy that kept students from sending emails about politics.
  • Pay $18,000 in attorney’s fees to Speech First.

“Oklahoma State’s policies regarding their bias response team, harassment policy, and computer policy are clearly designed to monitor, investigate, and restrict student speech all together. The fact that students can’t even express an opinion without worrying that another student can use one of these policies to report them shows us that the school’s administrators have no interest in encouraging students to engage in the robust exchange of ideas nor in protecting students’ rights.” 

Cherise Trump, Executive Director, Speech First

Read the initial complaint below:



Latest Lawsuit Updates

Speech First v. Shrum, et al.; Speech First Press Release on Settlement

On April 16, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced a settlement with Oklahoma State University (OSU) following its win in the Tenth Circuit. Under the settlement, OSU must disband its Bias Response Team, replace its harassment policy with one that includes key […]

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

On April 15, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, settled its lawsuit against Oklahoma State University (OSU). Under the agreement, OSU will not return to the harassment policy in place when the suit was filed, and it will disband its Bias Incidents Response […]

Speech First v. Shrum, et al.; Tenth Circuit Decision

On February 9, 2024, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU) and sent the case back for further proceedings. The court held that Speech First did not lose standing by identifying its student members with pseudonyms instead of their legal names. […]

Speech First v. Shrum, et al.; Tenth Circuit Win Press Release

On February 9, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced its win in the U.S. Court of Appeals for the Tenth Circuit against Oklahoma State University (OSU). The press release explains that the district court had dismissed the case because Speech First used […]

Speech First v. Shrum, et al.; Amicus Brief by the American Civil Liberties Union and the ACLU of Oklahoma

On May 30, 2023, the American Civil Liberties Union (ACLU) and the ACLU of Oklahoma filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Tenth Circuit urging the court to reverse the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU). The groups argued that an organization […]

Speech First v. Shrum, et al.; Amicus Brief by the CatholicVote.org Education Fund

On May 30, 2023, the CatholicVote.org Education Fund filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Tenth Circuit urging the court to reverse the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU). The fund argued that an organization must show that at least one member […]

Speech First v. Shrum, et al.; Amicus Brief by the Chamber of Commerce of the United States and the American Bankers Association

On May 30, 2023, the Chamber of Commerce of the United States of America and the American Bankers Association filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Tenth Circuit urging the court to reverse the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU). The groups […]

Speech First v. Shrum, et al.; Amicus Brief by the Independent Women’s Law Center

On May 30, 2023, the Independent Women’s Law Center filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Tenth Circuit urging the court to reverse the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU). The center argued that people who speak out on controversial topics regularly […]

Speech First v. Shrum, et al.; Amicus Brief by Young America’s Foundation and the Manhattan Institute

On May 30, 2023, Young America’s Foundation (YAF) and the Manhattan Institute (MI) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Tenth Circuit urging the court to reverse the dismissal of Speech First’s lawsuit against Oklahoma State University (OSU). The groups argued that college students today fear […]

Speech First v. Shrum, et al.; Brief of Appellant Speech First to the U.S. Court of Appeals for the Tenth Circuit

On May 23, 2023, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, asked the U.S. Court of Appeals for the Tenth Circuit to reverse the dismissal of its lawsuit against Oklahoma State University (OSU). Speech First argued that an association must identify specific members who have […]

Speech First v. Shrum, et al.; Western District of Oklahoma’s Opinion on Motion to Dismiss

On April 10, 2023, the U.S. District Court for the Western District of Oklahoma dismissed Speech First’s lawsuit against Oklahoma State University (OSU) for lack of standing, without reaching the merits. The court faulted Speech First for identifying its student members by pseudonyms rather than legal names, and it denied Speech First’s motion for a […]

Speech First v. Shrum, et al.; Reply in Support of Motion for Preliminary Injunction

On February 13, 2023, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed a reply brief in the U.S. District Court for the Western District of Oklahoma supporting its request to block Oklahoma State University (OSU)’s speech policies while the case goes on. Speech First argued […]

Speech First v. Shrum, et al.; Press Release for Lawsuit Against Oklahoma State University

On January 10, 2023, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced its lawsuit against Oklahoma State University (OSU) in the U.S. District Court for the Western District of Oklahoma. The press release explains that the suit challenges OSU’s bias reporting system, a harassment policy […]

Speech First v. Shrum, et al.; Motion for Preliminary Injunction

On January 10, 2023, 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 Oklahoma to block Oklahoma State University (OSU) from enforcing its bias reporting system, harassment policy, and computer policy while the case goes on. Speech […]

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