Speech First, Inc. v. Sands

SLF Calls for an End to Bias Response Teams

About the Case

Southeastern Legal Foundation (SLF) filed an amicus brief urging the Supreme Court to take up a case challenging bias response teams as unconstitutional.

At Virginia Tech, students are encouraged to report each other for bias. But what exactly is bias? Not even Virginia Tech can answer that question. The University tells students that anytime they “feel” someone’s words target them based on certain traits, they can and should report the expression to the Virginia Tech Bias Intervention and Response Team (“BIRT”). The BIRT then investigates the reports and decides whether to notify disciplinary bodies, including the student conduct office and even the police department. As a result, students self-censor rather than face the potential consequences of saying something “biased.”

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Student members of Speech First want to engage in discussions on controversial topics like Black Lives Matter, immigration, abortion, and gender identity. But since they don’t dare to risk the consequences for offending their peers, they have opted not to speak at all. As SLF explains in its brief, Virginia Tech’s bias reporting system violates the First Amendment because it forces Speech First’s members and other students to self-censor rather than offend their peers. And Virginia Tech is not alone; other universities employ similar scare tactics to silence students. SLF is calling on the Supreme Court to end this unconstitutional practice.

Case Status

Amicus Brief

Court

U.S. Supreme Court

Why This Matters

Any time a university allows students to report each other for offensive speech, there is a major risk that speech will be chilled. Students frequently choose to self-censor rather than express their true opinions. This is a prior restraint, which is unconstitutional.

SLF Director of Legal Initiatives Cece O’Leary warns:

“Unfortunately, there is a real risk of abuse with bias reporting forms. We witnessed it firsthand with COVID reporting forms in 2020, when universities encouraged students to report each other for perceived health violations. Students falsely reported other students while they engaged in speech activities. As a result, the speakers began to censor themselves rather than face investigations and discipline.”

Adds SLF Executive Director Kimberly Hermann:

“Bias codes not only harm the student body but also our nation’s democratic process. The college years are a vital time to engage with important, controversial issues. Many students vote for the first time during college, and once they graduate, they become contributing members to society. Bias codes stunt students’ opportunities to develop their values and opinions before entering the real world.”

Why This Matters

Any time a university allows students to report each other for offensive speech, there is a major risk that speech will be chilled. Students frequently choose to self-censor rather than express their true opinions. This is a prior restraint, which is unconstitutional.

SLF Director of Legal Initiatives Cece O’Leary warns:

“Unfortunately, there is a real risk of abuse with bias reporting forms. We witnessed it firsthand with COVID reporting forms in 2020, when universities encouraged students to report each other for perceived health violations. Students falsely reported other students while they engaged in speech activities. As a result, the speakers began to censor themselves rather than face investigations and discipline.”

Adds SLF Executive Director Kimberly Hermann:

“Bias codes not only harm the student body but also our nation’s democratic process. The college years are a vital time to engage with important, controversial issues. Many students vote for the first time during college, and once they graduate, they become contributing members to society. Bias codes stunt students’ opportunities to develop their values and opinions before entering the real world.”

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