By Andrew Hoxha 
The U.S. Supreme Court declined to consider the constitutionality of college bias response teams on Monday. The court rejected a lawsuit from Speech First, a group advocating for students’ First Amendment rights, challenging Indiana University’s use of bias response teams. These teams, which request anonymous bias reports, may discipline students. Speech First argued that the teams suppress speech in violation of the First Amendment. Justices Thomas and Alito dissented, emphasizing that the Court should address the issue, as many schools have bias response teams. They warned that students’ ability to challenge these policies depends on geography, creating a “patchwork” of rights. Speech First hoped the Indiana case would resolve the legal question, highlighting that universities use these teams to deter controversial speech without outright bans
on expression.
The decision not to take up the case highlights the ongoing debate surrounding the role of bias response teams on college campuses. These teams have been implemented at many universities across the country in an effort to address incidents of discrimination, harassment, and bias. However, critics argue that the broad scope of these teams, which often include subjective definitions of bias, can have a chilling effect on free speech.
The dissent by Justices Thomas and Alito signals a concern over the potential infringement on students’ First Amendment rights. They argue that the Court should have taken up the case to provide clarity on the issue and ensure that students’ rights are protected regardless of where they attend school. With the proliferation of bias response teams on college campuses, the dissenting justices warn of a lack of consistency in how these policies are implemented and enforced.
Speech First’s lawsuit against Indiana University sought to challenge the constitutionality of bias response teams and bring attention to the potential threats they pose to free speech on campus. By refusing to hear the case, the Supreme Court missed an opportunity to address this important issue and provide guidance to colleges and universities on how to balance the need to address bias and discrimination while upholding students’ First Amendment rights.
As the debate over bias response teams continues, it is clear that there are no easy answers when it comes to protecting free speech on college campuses. While the Supreme Court’s decision not to take up the case may have been a disappointment to some, it does not mean that the issue is settled. The debate over the role of bias response teams in shaping campus culture and protecting students’ rights is likely to continue in the months and years ahead.