Speech First v. Whitten et al.

On May 29, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued Indiana University (IU) and its officials in federal court. The lawsuit challenges IU’s bias incidents policy, which defines a “bias incident” as “any conduct, speech, or expression, motivated in whole or in part by bias or prejudice meant to intimidate, demean, mock, degrade, marginalize, or threaten individuals or groups based on that individual or group’s actual or perceived identities.”

“Bias incidents” can happen on or off campus, including on social media. The university tracks and logs every report, and students accused of “bias incidents” can be referred for formal discipline. Speech First argues the policy is vague, too broad, and targets certain viewpoints, so it violates the First and Fourteenth Amendments. Students who fear being reported will simply stop speaking.

The district court refused to block the policy, and the Seventh Circuit Court of Appeals affirmed that decision, at Speech First’s own request so that the case could move quickly to the U.S. Supreme Court. Speech First then asked the Supreme Court to hear the case. Many groups, including Parents Defending Education, filed amicus briefs supporting the petition.

“Indiana University has a history of hostility towards views that dissent from the dominant ideology that rules their administration and faculty. From sabotaging student events, to undermining student attempts to provide alternative views to their peers, IU has operated unchecked for too long.

Indiana taxpayers should be furious that their hard-earned dollars are funding a tyrannical administration that has taken a page out of the playbook of history’s most oppressive regimes. IU’s Bias Response Team encourages students to report on their peers anonymously if they so much as question the prevailing dogma. The University is well aware their Bias Incident Policy will inevitably lead to student self-censorship and the elimination of dissenting ideas. This is not only an unconstitutional abuse of government power, but it goes against the core principles America was founded on. Students have a right to express their opinion without fear of retaliation. Students shouldn’t face disciplinary sanctions for simply expressing their views, asking questions, or challenging their peers’ assumptions. Speech First is suing IU to defend the rights of our student members and to eliminate these policies that chill, deter, and silence students’ speech.”

Cherise Trump, Executive Director, Speech First

Read the initial complaint below: