Supreme Court refuses to hear case challenging colleges' use of bias-response teams

By 
 March 4, 2025

A conservative college student group asked America's highest judicial body to invalidate Indiana University's use of bias-response teams.

Yet in a decision which is sure to leave Republicans seething, the Supreme Court refuses to hear their case. 

Teams are tasks with handling "bias incidents"

According to CBS News, the lawsuit was brought by Speech First, which has filed similar lawsuits against the University of Michigan, University of Texas and University of Central Florida.

CBS News explained that Indiana University tasks its bias-response team with tracking and responding to so-called "bias incidents."

These are defined 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."

Each of Speech First's previous challenges concluded with a settlement which eliminated the use of bias-response teams.

Speech First accuses college of "investigating protected speech"

"Bias-response teams chill speech by creating a formalized system where students constantly monitor and anonymously report each other to the university," Speech First argued in its petition.

"The reputational damage from being labeled a bias offender is chilling too. As is the knowledge that officials are logging and investigating protected speech," the group added.

CBS News noted that Justice Samuel Alito and Justice Clarence Thomas both wanted to take the case, with Thomas authoring a dissent.

"Given the number of schools with bias response teams, this court eventually will need to resolve the split over a student's right to challenge such programs," Thomas wrote.

"The court's refusal to intervene now leaves students subject to a 'patchwork of First Amendment rights,' with a student's ability to challenge his university's bias response policies varying depending on accidents of geography," he added.

Thomas laments "patchwork of First Amendment rights on college campuses"

"This petition presents a high-stakes issue for our nation's system of higher education," Thomas continued. "Until we resolve it, there will be a patchwork of First Amendment rights on college campuses."

"Students in part of the country may pursue challenges to their universities' policies, while students in other parts have no recourse and are potentially pressured to avoid controversial speech to escape their universities' scrutiny and condemnation," he complained.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson