Speech First sues Indiana University for policy that suppresses free speech

A free speech advocacy organization, Speech First Inc., has filed a lawsuit against Indiana University over its alleged stifling of open discussion on campus. 

The lawsuit, filed on May 29, targets IU President Pamela Whitten, the Board of Trustees, and several university officials. 

Speech First argues that IU’s bias incidents policy is “designed solely to deter, discourage, and otherwise ‘prevent’ students from expressing disfavored views about the political and social issues of the day.”

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IU 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.”

Speech First contends that IU’s bias incidents policy is too harsh and vaguely defined: “Students accused of ‘bias incidents’ can be referred for formal disciplinary proceedings. This policy poses a grave risk of chilling the open and unfettered discourse that should be central to higher education. Its bureaucratic processes—and the vague, overbroad, and viewpoint-based definition of ‘bias incident’ that triggers them—violate the First and Fourteenth Amendments.”

To illustrate what is perceived as the chilling effect of IU’s policy, the lawsuit mentions the cases of several anonymous students who feel they cannot fully express themselves. 

For example, “Student A does not fully express himself or talk about certain issues because he knows that students, faculty, or others will likely report him to University officials for committing a ‘bias’ incident. Because the definition of ‘bias’ is so broad and vague, Student A is confident that someone will find his speech to be ‘biased.’”

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“He worries that there are other students who will ‘catch’ him engaging in ‘biased’ speech and that the University will take action against him. For example, Student A is afraid that the Bias Response Team will keep a record on him, share the allegations with campus leaders and others within the university, call him in for meetings, or refer the allegations to the Office of Student Conduct,” the document continues. 

Cherise Trump, Executive Director of Speech First, wrote: “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.”

Campus Reform has reached out to Indiana University for comment. This article will be updated accordingly.