1A – University of South Carolina

SLF Demands Removal of Bias Reporting System

About the Case

The University of South Carolina encourages students to report incidents of hate and bias to campus administrators using an online reporting system. In other words, students on USC’s campus must be careful not to offend their peers, or they could face an investigation and even discipline for engaging in constitutionally protected speech. Southeastern Legal Foundation (SLF) is taking a stand against this unconstitutional policy. In a letter to the University, SLF demands that it take down its bias reporting system because it violates the First Amendment.

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Conservative and libertarian student organizations enjoy hosting debates and engaging in speech activities on current affairs and political matters. Often, the topics they want to discuss are controversial. But through bias reporting systems like the one at USC, students can silence those organizations with the press of a button.

SLF explains to USC that conservative and libertarian students will be forced to self-censor as a result of the reporting system. To avoid being investigated and disciplined for a public event on a controversial topic, those students will opt for less public events on less controversial topics. This is called a chilling effect, and it is unconstitutional. For that reason, the bias reporting system must be eliminated or revised to ensure that students cannot report each other for protected speech activities.

Case Status

Pre-Litigation

Court

Why This Matters

Cancel culture is present all around, but it is perhaps most visible on college campuses. Students are constantly trying to shut down the speech of classmates they do not agree with. By giving students the power to report each other for perceived bias incidents, USC only contributes to cancel culture. This is an abdication of its duty to protect free expression on campus.

Director of SLF’s 1A Project Cece O’Leary warns:

“There is a real risk conservative and libertarian student organizations will be targeted under this policy. Those organizations enjoy hosting open debates on controversial topics. But if classmates can’t bear to hear views they don’t agree with, they could just report those student organizations to campus administrators using the reporting form.”

SLF General Counsel Kimberly Hermann explains:

“Bias reporting systems give just a few students the power to dictate which views are acceptable on campus. There is also nothing to stop them from falsely reporting their classmates in an effort to silence them. These reporting systems only perpetuate cancel culture, which undermines the college experience and does a disservice to all students on campus.”

 

Why This Matters

Cancel culture is present all around, but it is perhaps most visible on college campuses. Students are constantly trying to shut down the speech of classmates they do not agree with. By giving students the power to report each other for perceived bias incidents, USC only contributes to cancel culture. This is an abdication of its duty to protect free expression on campus.

Director of SLF’s 1A Project Cece O’Leary warns:

“There is a real risk conservative and libertarian student organizations will be targeted under this policy. Those organizations enjoy hosting open debates on controversial topics. But if classmates can’t bear to hear views they don’t agree with, they could just report those student organizations to campus administrators using the reporting form.”

SLF General Counsel Kimberly Hermann explains:

“Bias reporting systems give just a few students the power to dictate which views are acceptable on campus. There is also nothing to stop them from falsely reporting their classmates in an effort to silence them. These reporting systems only perpetuate cancel culture, which undermines the college experience and does a disservice to all students on campus.”

 

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