On December 27, 2018, 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. Court of Appeals for the Sixth Circuit in Speech First v. Schlissel, appealing the trial court’s refusal to block the University of Michigan’s policies.
The brief argued:
- The university has a speech code. It denies having one, but its policy threatens to expel students for “verbally” harassing or bullying others, and FIRE (the Foundation for Individual Rights in Education) had just given it a “red light” rating for the twelfth year in a row.
- The Bias Response Team is not just a support group. It takes anonymous reports of “bias incidents,” is staffed with disciplinary officials, tries to meet with and “reeducate” so-called offenders, and can refer students for discipline. The message to students is clear: say the wrong thing and consequences will follow.
- Students can sue without revealing their names. The university complained that Speech First’s members are anonymous. But when its speech rules were last challenged, in 1989, the student also sued under a pseudonym, and the court blocked the policy.
Speech First urged the court to reverse and remind the university that the First Amendment applies fully on its campus.
Read the full brief below:
